Can we get Guardianship of our grandkids out of court? 16 Answers as of June 01, 2011

We 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?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Davies Law Firm, P.A.
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
Replied: 6/1/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You need to go to Probate Court and get an order by agreement.
Answer Applies to: Connecticut
Replied: 5/31/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
A Guardianship CANNOT be obtained without a court Order. However if both parents consent (or if the mother does not consent) I can help you obtain a legal Guardianship.
Answer Applies to: California
Replied: 5/31/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
There is no way of having legal guardianship outside of court. You could have a power of attorney signed but that would not be effective for purposes of guardianship.
Answer Applies to: California
Replied: 5/27/2011
Seattle Divorce Services
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
Replied: 5/27/2011
    Michael Anthony Wing, P.C.
    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
    Replied: 5/27/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 5/27/2011
    The English Law Firm
    The English Law Firm | Robert English
    In California - the court has to grant or approve a guardianship. Without court process, you can be a caregiver but not officially the legal guardian.
    Answer Applies to: California
    Replied: 5/27/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, you may be able to do this via a power of attorney or something similar; BUT, to do it right, you should explore avenues requiring a Judge's approval.
    Answer Applies to: Washington
    Replied: 5/27/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney