foxbridgeacademy Posted November 16, 2015 Share Posted November 16, 2015 Please don't quote I plan to delete, I would hate for my nephew to ever think I have any doubt that I believe and support him 100%. My 14 y.o. nephew wants to live with us long term, his mother is currently in jail and my mom has permanent guardianship (she has since the last time my sister went to jail). The main problem I see is that we'll be moving to Ohio this Spring and my mom thinks I need to have legal guardianship (co-guardianship, maybe?) to register him in P.S. She's also thinking that it will make it easier if he's on my insurance and if I have legal custody of some sort in case he gets in trouble, which is always a possibility with this kid. So my question is: is it necessary to do legal guardianship or will something like a power of attorney work? If not those things is there another option? I need to be able to act autonomously from my mom, she just had open heart surgery and needs to be concerned for her health. Thanks Quote Link to comment Share on other sites More sharing options...
Tap Posted November 16, 2015 Share Posted November 16, 2015 Yes, get a guardianship. It will make things much easier and give you the most legal power to support him. 3 Quote Link to comment Share on other sites More sharing options...
TammyS Posted November 16, 2015 Share Posted November 16, 2015 I would spend a little money and talk to a family law attorney. Explain the situation and help them walk you through the whole legal kitnkaboodle, so that you aren't figuring this out over again each time something comes up. 9 Quote Link to comment Share on other sites More sharing options...
foxbridgeacademy Posted November 16, 2015 Author Share Posted November 16, 2015 I wish we could go to a lawyer, that is not possible here. It costs $500 just to walk into the door of the local attorney and there's no way my mom can travel anywhere any time soon. When she does get well enough she will be right back to work or she'll lose her house. Any idea on how to file guardianship papers with out an attorney? Quote Link to comment Share on other sites More sharing options...
Ravin Posted November 16, 2015 Share Posted November 16, 2015 Particularly with the interstate move, it may be necessary. In some places a Power of Attorney or notarized affidavit would be enough, but in others it would not. I second TammyS that it would be worth your while to consult a family attorney. 2 Quote Link to comment Share on other sites More sharing options...
Katy Posted November 16, 2015 Share Posted November 16, 2015 You might want to call a family law attorney in Ohio too, and ask for advice. 1 Quote Link to comment Share on other sites More sharing options...
Katy Posted November 16, 2015 Share Posted November 16, 2015 http://info.legalzoom.com/guardianship-papers-overrule-custody-21521.html Quote Link to comment Share on other sites More sharing options...
MomatHWTK Posted November 16, 2015 Share Posted November 16, 2015 Getting legal guardianship I think requires a court proceeding and is costly. You will probably still need legal assistance to get a power of attorney drawn up, but it costs less. We had a minor relative live with us for a year and did some sort of power of attorney (can't remember specifics). Quote Link to comment Share on other sites More sharing options...
Plink Posted November 16, 2015 Share Posted November 16, 2015 Legal fees are exorbitant, so I understand your desire to skip working with lawyers as much as possible. I wonder if you could call CPS in the state you are intending to move to and ask what kind of documentation they require for schools, medical procedures, and travel. If they only need a notarized letter from his guardian, then you can skip the hoopla. If not, then you can ask them for info on how to file the correct forms. 1 Quote Link to comment Share on other sites More sharing options...
SarahB82 Posted November 16, 2015 Share Posted November 16, 2015 Do you know anyone who works in your local family services? I would ask them to advise me. When my parents were given guardianship of my youngest brother it was pretty simple. They went to the courthouse and filled out some papers then went before a judge. The cost was very minimal and a social worker from dhr was their liaison with the family court. Quote Link to comment Share on other sites More sharing options...
Ravin Posted November 16, 2015 Share Posted November 16, 2015 Legal fees vary greatly from one place to another, so I wouldn't make assumptions about it being expensive or not. If you're fortunate to live somewhere with decent self-help forms available, for a change of guardianship where everyone is on the same page about it you don't necessarily need an attorney to help you actually do it--a consult would be helpful to know whether it's necessary, or whether a power of attorney would suffice. Quote Link to comment Share on other sites More sharing options...
TammyS Posted November 17, 2015 Share Posted November 17, 2015 I would call a law office and explain what you want done and ask what it will cost. I'm often surprised that things I think are going to be expensive aren't as bad as I thought. That may be the case here, particularly if it's just forms and there is no adversarial relationship that would complicate things. 3 Quote Link to comment Share on other sites More sharing options...
Davysmom Posted November 17, 2015 Share Posted November 17, 2015 Legal fees vary greatly from one place to another, so I wouldn't make assumptions about it being expensive or not. If you're fortunate to live somewhere with decent self-help forms available, for a change of guardianship where everyone is on the same page about it you don't necessarily need an attorney to help you actually do it--a consult would be helpful to know whether it's necessary, or whether a power of attorney would suffice. Yep this! Getting guardianship if all parties are willing is pretty straight forward. Consult a lawyer, but do the rest yourself. You will need to file guardianship papers with the court. You will have a hearing and get the paperwork you need from the clerk. It's is not hard. You will need to look at your local laws. Quote Link to comment Share on other sites More sharing options...
Ottakee Posted November 17, 2015 Share Posted November 17, 2015 Did your sister give your mom guardianship or did the court system (like through protective services)? It might be that the birth mom needs to give guardianship to you. I am not sure your mom can transfer it to you as she isn't the legal parent. I would call the local family court in the county your mom is in or the county your sister is in and ask them. 1 Quote Link to comment Share on other sites More sharing options...
lllll Posted November 17, 2015 Share Posted November 17, 2015 (edited) nm Edited December 2, 2015 by ^ 022 Quote Link to comment Share on other sites More sharing options...
foxbridgeacademy Posted November 17, 2015 Author Share Posted November 17, 2015 I'm thinking about this more and more and I don't think the legal guardianship thing will work. My sister gave my mom guardianship years ago but she thought it was temporary the judge made it permanent. Any changes to it might give her leeway when it comes to getting custody back (there are other siblings involved) When she's not in jail my nephew has lived with her. When she gets out in a year or two he might choose to live with her again, I don't want to be legally responsible for his actions (like missing school 35 days last year) when I'm not physically responsible for him. So I need other options. Someone mentioned an affidavit? Like signing a statement in front of a notary? I could easily get one from my mom and I think my sister can get something where she's at. As for insurance, he's on my mom's and has been for close to 10 years with no problems. We'll have to cross the car insurance issue when we get to it but where we're moving has a decent bus system and I'm not sure I want this particular kid to have his own wheels, he's likely to decide California sounds nice this time of year. Quote Link to comment Share on other sites More sharing options...
Spryte Posted November 17, 2015 Share Posted November 17, 2015 I haven't read the entire thread (sorry), but what you might want is not legal guardianship but physical custodianship. When my BFF died, long ago, and her son came to live with me - his uncle two states away retained legal guardianship, while I was granted physical custodianship, complete with options/rights to do academic/medical stuff. Would that work? 2 Quote Link to comment Share on other sites More sharing options...
MomatHWTK Posted November 17, 2015 Share Posted November 17, 2015 Starting point: http://brycs.org/guardianship/guardianship-information-by-state.cfm You'll probably need to follow the laws of your mother's state of residence. If you call around, you might find a volunteer law program that can help you are least point you in the right direction. Most counties have a local bar association and the person who manages it can often offer referrals for assistance. Quote Link to comment Share on other sites More sharing options...
LucyStoner Posted November 17, 2015 Share Posted November 17, 2015 Getting a third party custody order in most states can be done pro se (without a lawyer). What I would do it have a free consult with a family law attorney and ask them about how much they charge to review your documents and step you through the procedure in your state. This was advice a family law attorney gave me. If the mother is incarcerated and ok with you as guardian, I don't see why this would need to be costly. 1 Quote Link to comment Share on other sites More sharing options...
school17777 Posted November 17, 2015 Share Posted November 17, 2015 My friend did this last year with her cousin. Her cousin's dad just signed a notarized paper saying that my friend and her husband were the guardians of his daughter (the mother had passed away). They were able to enroll her into school in their state and were able to put her on their state's children's health ins plan, although it took many months to happen. 1 Quote Link to comment Share on other sites More sharing options...
QueenCat Posted November 17, 2015 Share Posted November 17, 2015 If you are seriously considering having him covered on your insurance, look at the insurance paperwork to see if he'd qualify. For ours, we have to prove that the guardianship wasn't sought in order to gain insurance. Adoptees are automatically covered on ours from the date of adoption. Quote Link to comment Share on other sites More sharing options...
Ms.Ivy Posted November 17, 2015 Share Posted November 17, 2015 I know that in California, you can just fill out an affidavit that you are a caregiver who is related to the child, and then you are able to register the child in school and get them medical care. It's a simple form to fill out, and the parents don't have to sign it. (Although they can cancel it if they want to). You might want to search for "guardianship alternatives" for your state. 3 Quote Link to comment Share on other sites More sharing options...
foxbridgeacademy Posted November 18, 2015 Author Share Posted November 18, 2015 Thank you, lots of ideas! I don't have to do any of this right this minute so I do have time to do research. I just couldn't think where to start. I like the physical custodianship idea it sounds like what I'm looking for the most. Some legal rights but not the whole thing. I need the ability to have someone else tell him no, my mom is really good at it,cause I'm a pushover (or so everyone tells me). 2 Quote Link to comment Share on other sites More sharing options...
LucyStoner Posted November 18, 2015 Share Posted November 18, 2015 Oh, I remember now that I was able to enroll my friend's child in school with just a form his parent/legal guardian signed. Could your mom sign something like that for you since she is the legal guardian? 1 Quote Link to comment Share on other sites More sharing options...
foxbridgeacademy Posted November 18, 2015 Author Share Posted November 18, 2015 Oh, I remember now that I was able to enroll my friend's child in school with just a form his parent/legal guardian signed. Could your mom sign something like that for you since she is the legal guardian? I hope so, anything more seems like it will require a lawyer and that won't work. Quote Link to comment Share on other sites More sharing options...
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