If a defendant is the parent of minor children, does the court select a guardian if/when they are sentenced?

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If a defendant is the parent of minor children, does the court select a guardian if/when they are sentenced?

I know someone who is facing 3 felony (Class D) drug charges and 2 misdemeanor (Class A) charges; all were at the same time. Also, 2 violations were recorded at the same event. As far as we know, these are first offenses. What can we expect at the court date? The individual is pleading guilty and refuses a lawyer. Additionally, there are small children involved. Will my husband and I need to seek a lawyer in order to take them? Will we be appointed guardians (we are the only relatives) or will we need to adopt?

Asked on May 1, 2014 under Estate Planning, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If both parents of minor children are incarcerated, the parents select a guardian for the minors. If you want to take custody of the chodlren then you should consult with a family law attorney in your locality for assistance. One can be found on attorneypages.com.


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