How can I get temporary guardianship of a family member? 12 Answers as of June 02, 2011

A family member of mine wants to allow me to give her child temporary are while she completes her education. She is a single mother & is having struggles financially & needs time to finish her education & get a career going. My question is: Would a printed agreement of temporary guardianship (from a document website) be sufficient enough, as far as doctors appointments & stuff for the baby? I don't want to go leave it up to court to decide when & how things should go, if it's not necessary.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I have seen this question before, and I think it depends on the service provider as to whether or not they will accept the document. If you agreed with the mother to file a joint motion with the court, then you would not be really exposed to too much risk as far as not knowing what the court would do. If you get a court order, then you would have certainty as to acceptance by the various service providers. Stay well.
Answer Applies to: Alabama
Replied: 6/2/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You and the mother will need to decide what the true, long term goal is by having you care for the child and how much she will be involved during that time. As a parent, in Colorado she is able to give you a Power of Attorney/ Delegation of Parental Authority that is good for one year at a time. That POA can include specific powers (like consent to medical treatment, enrolling in school, contracting for day care), but can be revoked by her at any time. It does not relinquish any of her power and authority as a parent, but it also doesn't give you any priority of control against the child's father if he objects. A judicial guardianship, however, will give you whatever limited or general power you need, but that would continue indefinitely until changed by the Court. A lawyer's advice to the mother would be to simply use the POA and not to consent to guardianship; a lawyer's advice to you would probably depend on the age of the child, how long you realistically expected to have the child, and how likely it is you would agree to return the child whenever the mother asks. If it is an infant/toddler and you expect to have the child for 3-4 years, you may not (at the end of that time) be comfortable in believing that the child's best interest is served after he/she has become highly bonded to you. You and the mother should probably consult separate attorneys to better understand your options and the consequences of various choices.
Answer Applies to: Colorado
Replied: 6/1/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
This is an easy thing to do. Call me, and I will set it up for you. It will cost only a couple hundred dollars. 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
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
For a guardianship, you need to consult with and hire an attorney to prepare the appropriate documents. Under Minnesota law, a third party custody action may need to be started, depending on the circumstances. Using forms you obtain online will not likely be sufficient or enforceable by a court.
Answer Applies to: Minnesota
Replied: 6/1/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Without knowing what the website form says, it is impossible to say. Many family law attorneys could do this for an hour or two of consultation and work. Well worth it.
Answer Applies to: Washington
Replied: 5/31/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You need to obtain guardianship through the Probate Court and if it is by agreement it should be easier than if it were contested.
    Answer Applies to: Connecticut
    Replied: 5/31/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    Unfortunately,in order to put the imprimatur of "legality" upon anything to do with legal and physical custody of a child,one is required to resort to the courts. In order to obtain a "legal guardianship" over the mother's child, you would have to petition for same in the probate court. Doing so requires that notice be provided to the child's father, at least, and probably to all immediate relatives of the child as well. This is to allow those with any right to seek custody of the child due to mom's inability the right to come forward and assert their rights over a non-relative who is seeking guardianship. In a case such as this where mom wishes to voluntarily relinquish her physical and legal custody rights to the extent of allowing a legal guardianship to a specific person, namely you, if the child's father has not been involved or provided child support,even if he is a "presumed father,"then it is likely that the court will allow her to designate you as a legal guardian of the child. Mom would be required to petition to terminate the guardianship and have that granted by the probate court in order to regain her parental rights from you once the court has granted legal guardianship to you. Providing constitutionally and statutorily required notice to those entitled to receive it is the hardest part of the process, the rest is just a lot of paperwork and making court appearances until the guardianship is granted. If you do not know the addresses of those entitled to receive notice, then you must prove to the court that you made a "due diligent effort" to do so, after which the court may order you merely to publish notice of the guardianship petition in a local newspaper (in larger metro areas such as Los Angeles, there may be a newspaper established to provide just such fictional notice and which operates out of the courthouse; it is another lovely racket established to bring in revenue for our leaders to spend on . . . , well certainly not on the roadways or infrastructure anyway). If the child resides in Southern California and you wish to retain us, we would be happy to take care of this daunting process for you. It will take approximately six to ten months to complete (I know, it is a slow process). However, we could probably get the court to grant you a temporary guardianship pending the completion of the full guardianship so that you could go ahead and assume mom's physical and legal custodial rights.
    Answer Applies to: California
    Replied: 5/31/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    A simple form is available which grants another person authority over the child for a period not to exceed 6 months and which is revocable by the person granting the authority. The statute in Oregon is designed for just this type of situation.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Unfortunately, the only way to have the legal right to assert guardianship is if you go through the probate court. If your daughter (and the father of the child) agree, you can get it with very little effort.
    Answer Applies to: Connecticut
    Replied: 5/31/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You will need the Court's approval for guardianship.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    No, you have to seek legal guardianship through the court. It's not as hard if the parents consent to the appointment.
    Answer Applies to: Massachusetts
    Replied: 5/31/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    An online document will not work and is not enforceable. The only way to do a guardianship is with a court case.
    Answer Applies to: Georgia
    Replied: 5/31/2011
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