Can I obtain temporary custody without going to court? 22 Answers as of July 08, 2013

Can my daughter give me temporary guardianship/custody of my grandson without going to court?

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H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Not exactly. If she has sole legal custody and this is consensual, she can sign forms to give you a temporary guardianship, but a probate judge still has to approve it. The clerk of probate court can provide the forms you need.
Answer Applies to: Georgia
Replied: 1/19/2012
Wendy Earle, Law | Wendy Jordan Earle
More than likely this is a court matter.
Answer Applies to: Idaho
Replied: 1/19/2012
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Yes, but you need the legal document otherwise you could lose the child. Best to file for legal guardianship. Get a lawyer.
Answer Applies to: Alabama
Replied: 1/19/2012
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
If the parents both agree to a guardianship, you can get the forms from the probate court in the county where the child lives and can fill them out and file them without an attorney.
Answer Applies to: Georgia
Replied: 1/19/2012
Law Office of Cassandra Savoy
Law Office of Cassandra Savoy | Cassandra Savoy
Yes.
Answer Applies to: New Jersey
Replied: 6/2/2013
    Vargas Law Office LLC | Ronnie Ismael Vargas
    No.
    Answer Applies to: Wisconsin
    Replied: 6/2/2013
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    She can give you a Power of Attorney with a medical provision that allows you to take care of the child but she cannot release custody without getting a Court Order and giving notice to the biological father of the child through a guardianship - without that the biological father can show up and demand that you give him the child.
    Answer Applies to: Iowa
    Replied: 1/19/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    No. You need to file a petition for guardianship, serve it on both parents and have your daughter sign a consent form agreeing to your role as legal guardian. Hopefully, the father will also sign a consent form to allow this arrangement.
    Answer Applies to: California
    Replied: 1/19/2012
    Peyton and Associates | Barbara Peyton
    No.
    Answer Applies to: California
    Replied: 6/2/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    It depends. Where is the father?
    Answer Applies to: Michigan
    Replied: 6/20/2013
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Yes.
    Answer Applies to: Nevada
    Replied: 6/2/2013
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    Sure, the problem is that without a court order your daugther is still legally reponsible for the child. You would need a power of attorney in order to act on behalf of the child, i.e. school, medical. If the biologicasl Father comes back into the picture, without a court order of some kind you may have problems.
    Answer Applies to: Washington
    Replied: 1/18/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No. You need to go to court to get court orders.
    Answer Applies to: California
    Replied: 1/18/2012
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Your Daughter can give you temporary custody by signing and notarizing a temporary custody agreement and having the child's father do the same. Be cautious. A temporary custody agreement done outside the courts can be revoked at any time and the mere existence of such an agreement may provide ammunition for the father to come in and take custody. Before signing anything, I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 1/18/2012
    The Law Office of Nathaniel M. Smith, LLC
    The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
    Yes, that is a possibility; you should speak with a family law attorney at your earliest convenience.
    Answer Applies to: Georgia
    Replied: 7/8/2013
    Law Office of Lynda H. LeBlanc | Lynda Leblanc
    Your daughter can give you Power of Attorney to deal with issues of family maintenance for your grandson, effectively giving you the power to make housing, education and medical arrangement for him. This however, does not take away your daughter's rights to parent her child, nor the father's rights. A Power of Attorney is a document that needs to be signed by the person giving the "powers" in front of a notary and notarized. I would recommend that you have an Attorney prepare it for your daughter. This is the only way to completely avoid Court, but it may not do what you need it to do. You can petition for Guardianship of your grandson, and you would be required to give notice to his close relatives (mom, dad, other grandparents, aunts and uncles) and interested parties (this depends on the circumstances of each individual case). Your daughter can sign a consent to the guardianship and then she would not have to go to Court, but you would still need to go to Court. Even if all close relative and interested parties sign releases, most Courts will still set if for a hearing to grant the Guardianship. Procedures may differ from county to county within the State of Indiana.
    Answer Applies to: Indiana
    Replied: 1/18/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Sort of. The statutes provide for a grandparent power of attorney which would allow you to register the child for school, take the child to the doctor and for a limited time stand in the shoes of your daughter. This may not work for you, and has some tricks to make sure it is properly implemented. Please contact a local domestic relations attorney for more information.
    Answer Applies to: Ohio
    Replied: 1/18/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    A properly drafted power of attorney document could do this; but it won't have any effect on the Father unless he signs it.
    Answer Applies to: Washington
    Replied: 1/18/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on many things including the status of the father. It is an issue that must have a full factual background and history.
    Answer Applies to: Minnesota
    Replied: 7/2/2013
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