800-747-2780. I don’t have a ton of money because I am a single parent already with no child support. Additionally, this informal caregiver usually has physical custody of the child. Our court date is at the end of Nov. You definitely want to file an opposition to her request. My ex husband and father of my child just died. needs of a minor. Any guardianship may be terminated when the minor reaches the age of majority. Our office offers this service should she want help preparing the paperwork. What a very sad story. If she puts “unknown” on the birth certificate, I would simply attach that to the guardianship document that has just mom’s name. What would be the best way with going about gaining legal guardianship for her without a written document sihned by her? We cannot afford a lawyer for all of this mess. But Iam afraid that when he gets out he will try to get my nephew costudy. But when i spoke to the school they want to see a court order. She should prepare a response to the petition and file it with the court. I would like to avoid going to court. A probate guardianship petition may be filed by “a relative or other person on behalf of the minor, or the minor if 12 years of age or older.” A relative may file regardless of the relative’s immigration status. I cannot say what your legal requirements are in this case. An adopted child inherits from his or her adoptive parents, just as a birth child would. Would recommend you talk to an attorney first. I am not sure how to start the process or even where to begin. She has been living with her boyfriend who is also a minor and his mother for the past 2 months. It has been hell for him. There are non-court guardianship power of attorney forms that a parent can sign giving someone temporary guardianship of a minor child. At this hearing, the judge will review the petition and all pertinent reports to make a final decision. Wasn’t sure if my comment posted earlier. Living with my own parents did not suffice. I really need help with this. What would be the best way to give her guardianship so she can register her in school and get health insurance. Hello, my little sister is 17 years old, she turns 18 in May of 2018. I have legal guardianship of my niece. What legal rights does she have? 2 years later his brother passed away in a freak work accident while working in Wyoming. I have joint legal and physical custody of my daughter. Furthermore, in order to file for a temporary emergency guardianship order, you must have already filed a petition for appointment of legal guardianship. We would like to have some type of guardianship to move our granddaughter here to Arizona to live with us. Also do I have to have both mom and potential father signatures? This situation may last a short period while a parent recovers from a financial setback or medical incapacity that inhibits their ability to properly care for their child. My question is, in order to establish temporary guardianship over the children, is the paperwork required for the process needed to be file in the state of Georgia or in California? We can help with both processes. I have been raising my niece over the past 5 years. Most of our family is in India. Hello. Or you may need more forms. This is a great handbook regarding guardianships. In California, the term guardianship refers to the care of a minor and the term conservatorship refers to the care of an incapacitated or incompetent adult. You did not provide much info about you and your child’s relationship. Is there a particular document you should make for this? How can her daughter cash the checks to help support her siblings? A California Guardianship Lawyer You Can Trust If you believe your family circumstances or the circumstances of a minor child in your care warrant a petition for guardianship of a minor child, our team of experienced and skilled California family lawyers is here to help. How would we go about on this? thank you in advance. Furthermore, a legal guardian of a minor must be at least 18-years-old without any conviction of felonies or misdemeanors. Kim went to the court and filed for guardianship, on her forms she stated she was the one who went to get him in Georgia and she was the one the parents signed a notarized temporary guardianship form over to in Georgia and that she just needed California jurisdiction. The child has told me terrible stories of them giving her drugs and other things. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). Can this be done without a lawyer? Does that still give me rights to make medical decisions and sign for potential surgeries? I would get legal advice from an attorney who handles these types of proceedings. her name is kim. Both parents are addicts and neither has a steady home or environment for the child. It was not a good living environment for her. Unfortunately there is no way to predict a court’s perspective on a legal issue. Petition for Appointment of Guardian of the Person (Form GC-210 (P)) if … Thanks for your advice! She was being abused by her mother’s boyfriend. They are no longer together; however it is mom’s intention to appoint the ex. Last year her grandmother decided she did not want to financially provide support anymore and this year is deciding not to keep her over the summer anymore. We have set our guardianship preferences, but what happens to a child if both parents are incapacitated or die and the guardian is out of state? Includes request for temporary orders. I don’t get govt benefits or any help, which is fine right now, but I don’t know how I’m going to afford the guardianship process as I believe I’d have to hire an attorney in both states to get permanent guardianship. It would be like my parents are parenting them with me. The oldest is refusing to follow rules and is a constant runaway. since then i found out she is on felony probation but the court social worker that did the investigation of her does not seem to care because she wrote the report all in favor of her having the baby. Enter your email address to subscribe to our blog. Give us a call at 800-747-2780. My questions is how can I get medical & financial help for my niece? We cannot advise on applicability of law. The court investigator noted the child now says (after mom was served) that she wants no contact with me or her father (he is homeless) because she is “mad” at the allegations she provided for the application- she is now claiming she was lying. We are guardians for a 5 year old how will this affect the guardianship. It’s been less than 6 months and we need to get them back. The mom refuses to give me her SS#, but again I have all other documents including her birth certificate. I’m hoping to move in January 2019. We can certainly help you with this case, and would suggest you contact our office at 800-747-2780 at your earliest convenience. If you have been absent from her life for an extended period, that is probably not in your favor. the next court date is April 17th, and we are truly afraid of the kids going back to either mom or grandma… we have photos and videos of the kids being abused for the past three years. Nothing was filed with the courts. We both agree that ue will stay with me. My husband and I want to be guardian but I have a misdeamenor and my husband has clean background. Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement which addresses separate or community real property division. Is this something I can do myself or do I need to hire an attorney? Please contact an attorney for legal advice. I would suggest you speak to an attorney to find out what possibilities there are regarding the situation. Trying to understand the flow and the easiest route. You may want to get legal advice and then once you know what documents you want to prepare give us a call at 800-747-2780. I am assuming the qualification criteria, however, would probably be the same as if they were your biological children. I would like to know what you can do to make it so a person who is near by, that you trust and who knows the child well, could have temporary guardianship of your child while your permanent guardian is in travel. But it’s not fair because ive been living and raising the youngest since the day my mom passed and also supply the other two kids with more then she does. They won’t let me know where this guy is holding my daughter. but they now wanna give the kids to her mother even tho she was present thru all the abuse? Should an order granted in California allow us to take her to Washington state with us? Once the parent is deceased the relative would most likely need to petition for legal guardianship through the court which would, of course, require an investigation. She is now 16 and wishes to live with her sister, who is willing to have her. Thank. I have a 13 year old step sister (my wife’s sister). I filed for guardianship of my granddaughter at her request. Call us for quick assistance 800-747-2780. You might want to call CPS AND file for guardianship. She asked that we take her temporarily and have her go to school here and get medical care here. She refuses to come see the new healthy life style I now have. Speak to attorney, however, if you need legal advice. Is it possible to get a few hours unsupervised visitation once guardianship is granted and cps case is closed? The birth mother claims she is free from drug addiction and would like to reunite with her son. How do I get my grandson into my custody. In most cases, the court appoints the surviving parent to be the guardian of the child's estate. California Guardianship is offered to a person who has received permission from the court to make certain decisions and take care of a minor or adult who … The father comes around ever so often, to help take the baby to day care but does not help financially at all and is basically not around unless we ask him for help. i am 16 years old an living in california with a family friend my moms friend has been trying to get me medical insurance all she has right now is a petition over me does she have to become a legal guardian my mother stays in new york and im staying in california does my mom have to sigh her rights over in new york and after do we need to finalize it in california ? That means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. They look at a variety of things including what is best for the minor. We have lived here for 3+ years. Many attorneys offer free consultations. CCP Section 285.1 states: An attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void or voidable marriage, or for the support, maintenance or custody of minor children may withdraw at any time subsequent to the time when any judgment in such action or proceeding, other than an interlocutory judgment, becomes final, and prior to service upon him of pleadings or motion papers in any proceeding then pending in said cause, by filing a notice of withdrawal. guardianship is in one week, i cant afford a lawyer. The investigation is not typically conducted by CPS but rather Family Court Services. I live in CA and she still lives in KS. Click to find out how. Although an informal caregiver can enroll a child in school, the letter of authorization and affidavit does not specifically authorize the informal caregiver to enroll a child in daycare or preschool. My mother would like to grant me guardianship of my three younger sibblings if the case of her not being able to provide care to them. And if so, to whom do you give it? Hi, I am interested in finding out what you can do to prepare for a worst-case situation, as my husband and I are preparing our wills. His step mother is currently taking care of him n we all where do we start the process ? You may want to speak with an attorney to determine the best path for you. Or would this have to be court mandated? The court will also conduct a guardianship investigation. She is a meth user as well. A friend of min lives in Nevada she let her in-laws watch her children for a couple of weeks who live in orange county. This information should not be considered legal advice as it is general in nature. Well I moved out of county 4 years ago and we haven’t been to court to change the agreement. My step daughter worse nightmare is being forced to go back with her if something ever happened to her father. Would they also look in financiases/stable job to be eligible as a guardian ? How do I go about leaving someone with full legal guardianship of my children in the chance something happens to me where I can no longer care for them. To establish legal guardianship for a minor child in California, you must be at least 18 years old, and not have a conviction for a misdemeanor or felony. And if not what do we need to do to get started? My husband and I have residenship in California and would like to obtain legal guardianship of my niece who lives in Mexico. I have guardianship of my two cousins after my Aunt passed away. You can reach me at 800-747-2780 ext 100. i dont know how to go about explaining my case to judge but i keep hearing that she cant be convicted of a felony, can you tell me where i can find the law that specifically states that? We just need an emergency temp guardianship for now until she decides whether or not she wants to adopt the baby out or not. I never signed any documents for my children what do I do. You could certainly file as well if the grandmother is not capable. My boys father just signed over his rights. Would adoption even be possible some day? Once the investigation is complete, the proposed guardian will have to attend a court hearing. So is there a way to file with the courts without actually having to go before a judge and dealing with an investigation/having to give notice to potential family members/signature of unknown father? My client is “not” the biological father of the minor; however, he had a close relationship with the son while he resided in Arizona with the child’s mom (his ex. Can cps remove my son from a friend’s home,even when there is a power of attorney giving her the temporary rights for my son.both parents were in custody and cps worker agreed. 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