What forms do I need if my grandma wants to give me custody of my two younger sisters? 11 Answers as of July 01, 2011What forms do I need if my grandma wants to give me custody of my two younger sisters? I need help. What forms I need since my husband is in the military for my sisters to live on base?
ROWE LAW FIRM | Jeffrey S. Wittenbrink
The transfer of custody of children from one person to another depends on the legal relationship of both parties. Whether your grandmother has legal custody by virtue of a court order or by a notarial act will be important. According to a new statute, she may transfer that custody by a notarial act called a "Provisional Custody by Mandate." That form may be obtained from any Louisiana Notary. In order for your sisters to live on a military base with you, they must be shown to be your husband's "dependents". The forms required are produced by the various branches of the military.
Answer Applies to: Louisiana
John E. Kirchner, Attorney at Law | John Kirchner
Since you don't provide enough information to even understand why your grandma has any authority to "give you custody" it is impossible to provide a complete answer. But, if she has legal custody as a result of some court decision (such as naming her the legal guardian), then she cannot "give you custody" - only that court can do so and you need to go into that court and have custody changed. On the other hand, if there is no court order giving your grandmother any legal authority, you need more than simple "forms"; you need to file a new court case in the state where the children are living (either a guardianship or a custody proceeding) and obtain a court order granting you parental authority or legal guardianship. The military will not recognize the children as legal dependents without a court order. If your parents are still living, they will have to be involved in the legal proceedings also. You absolutely must contact an attorney to obtain some legal advice based on an understanding of all the relevant facts so that the legal options can be evaluated.
Answer Applies to: Colorado
Law Office of Michael W. Bugni | Jay W. Neff
Well, initially, I have a number of questions. Questions like: What state are you in? This will affect what can and cannot be done. You ask if your grandma can give you custody of your two younger sisters. Where is the mother of your two younger sisters? Why is it the grandma who is trying to give custody to you? Unless the mother is out of the picture for some reason, the mother is likely to have a claim to custody of the girls that is superior to yours. Assuming the mother is out of the picture, and assuming that the grandma currently has custody, there are still going to be a lot of hoops to jump through for you to get custody of the girls. These hoops vary from state to state. In Washington, there are going to be background checks, an investigation, court appearances, and a number of forms to complete and get filed. As to getting the girls to live on base, you should probably speak to your JAG officer about that.
Answer Applies to: Washington
Seattle Divorce Services | Michael V. Fancher
Please consult with an attorney about your specific situation. You did not say what the involvement of the parents is in this. Under Washington law you could petition the court for 3rd party custody. If your grandmother already has 3rd party custody, it might also be possible for her to sign a permission for the children to live with you.
Answer Applies to: Washington
Wallin & Klarich: A Law Corporation | Paul Wallin
If your grandmother has legal custody of the girls she can give you legal guardianship over them. However, the court will have to approve this in official legal papers. You should consult with a lawyer in your city to assist you in doing this.
Answer Applies to: California