RONALD F. v. LAWRENCE G.

JEFFREY S. SUNSHINE, J. Petitioner, Ronald F., a convicted felon who is unrelated to the two subject children, has filed for guardianship of these children who presently reside with him and his wife. The respondent, Lawrence G., the maternal uncle and adopted brother of the children, has cross-petitioned for guardianship of the two subject children and opposed the petition of petitioner F. Based upon the testimony of the witnesses and documentary evidence introduced at the hearing, the court enters the following findings of fact and conclusion of law. The children, Tsahai G., born September 5, 1985, and Shawana G., born January 6, 1987, have resided with the petitioner whom they refer to as "Daddy Ronald" since March of 1998. The children's mother was a persistent drug abuser and both children were removed from her care, at very young ages. The petitioner believed he was the putative father of Shawana but was not considered a resource for the children. The petitioner was incarcerated when the children were removed from their mother's care. The petitioner has a long criminal history. However, during the times when he was not in prison between 1988 and 1997, the petitioner had regular contact with Shawana. Both children were raised by their maternal grandmother and in 1996, both children were legally adopted by her. On the day the petitioner was released from prison in 1997, he went to the maternal grandmother's home to visit both children. Throughout the remainder of 1997 and beginning in 1998, the petitioner regularly visited with both children on the weekdays and sometimes on the weekends. It appears that although the children were legally adopted by the maternal grandmother, their biological mother was known to them. In the fall of 1997, the petitioner was told by the maternal grandmother that she was ill. In early 1998, the respondent uncle (who is also the cross petitioner) visited the petitioner at his place of employment and asked him to take care of the two subject children because the maternal grandmother was dying. In March 1998, both children came to live with the petitioner. In April 1998, the maternal grandmother/adopted mother died. On May 21, 1998, the petitioner filed for guardianship of both court would consider the resumption of visitation with the children. The guardians are directed to immediately take steps to protect the financial affairs of the children.