Can we get Guardianship of our grandkids out of court? 16 Answers as of June 01, 2011We are grandparents caring for our daughter’s children. Most recently their father gained custody of them however they live with us. Their father has agreed to maintain the living arrangement and sign over guardianship. How do we do this out of court?
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Answer Applies to: New Jersey
Seattle Divorce Services | Michael V. Fancher
Under Washington law, to legally establish guardianship, you will need to obtain a court order. However, you can certainly work out agreed order outside of court and then enter them with the court. Please consult with an attorney in your area who does this kind of work for more information.
Answer Applies to: Washington
Michael Anthony Wing, P.C. | Michael Anthony Wing
"Out of court" is the sticker for me. I think you need a court order. However, you could file a joint motion to modify the custody that would accomplish the goal. If court is a barrier to the agreement, then I think you could draw up a written agreement that both parents sign, or him at a minimum. I would get each signature notarized. That document may work for you. Ultimately, it is whatever entity or person that you are wanting to provide a service for the grandchildren that you need to satisfy, like a school or hospital. It seems that a court order would be best, but you may be able to get whatever you need done with a simple notarized agreement. Stay well.
Answer Applies to: Alabama
John E. Kirchner, Attorney at Law | John Kirchner
You can't. Guardianship of a minor can only be accomplished by a court under the Probate Code. The simplest procedure would be to go back into the same court case that you say gave father custody and have that changed to give you custody. Without a court order, all the father can do is give you a power of attorney to exercise certain minimum parental rights (e.g. consent to medical care; access school records, etc.)
Answer Applies to: Colorado