PJI Represents Grandfather Seeking Custody of Grandson After Parents’ Deaths

MINNEAPOLIS, Minn. - Pacific Justice Institute (PJI) has filed legal actions in Minnesota on behalf of Timmy Ray Macklin Sr., the paternal grandfather of a six-year-old child at the center of a developing guardianship dispute following the death of both parents.

The case, In re Guardianship of Emerson F. B. Macklin, involves Emerson Macklin, whose father passed away approximately two years ago and whose mother recently died. According to court filings, no guardianship arrangement was in place at the time of the mother's death.

Following these events, a petition for guardianship was filed by Rebecca Good, who is not biologically related to the child. In response, PJI filed a motion to intervene, an objection to the petition, and a cross-petition seeking to have the child placed with his grandfather, who resides in Tennessee.

According to the Paternal Grandfather's Motion to Intervene, Timmy Ray Macklin Sr. asserts that as the child's biological grandfather, he is next of kin based on his degree of consanguinity and seeks to be formally recognized as an interested party in the proceedings.

Additional filings challenge the basis for the competing guardianship petition and raise questions regarding the appropriate placement of the child.

A preliminary hearing has taken place in which opposing counsel challenged the grandfather's legal standing to participate in the case. The court has ordered briefing on that issue within two weeks, and a motion hearing is scheduled for June 24, 2026.

Brad Dacus, founder and president of Pacific Justice Institute, stated:

"When a child loses both parents, courts are faced with difficult decisions. It is important that biological family members who are willing and able to provide care are given a full and fair opportunity to be considered."

Attorney Christopher Burns of American Made Actions prepared initial motion filings in coordination with PJI, and additional legal support is expected as the case proceeds.

Attorney Peter Ticktin is anticipated to appear pro hac vice and argue upcoming motions and hearings.

Court records reflect that the grandfather has also filed a petition seeking appointment as guardian and conservator, citing his biological relationship and readiness to assume responsibility for the child's care.

Pacific Justice Institute continues to advocate for individuals and families navigating complex legal issues involving guardianship and the protection of children, including ensuring decisions reflect the best interests of the child.

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