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Question about custody of family members

lizlopez23lizlopez23
in Blended Families

I was wondering if anyone had any experience with taking in nephews or neices etc. My sil is doing really awful, my neice is not taken care of at all and for years we've been considering offering to let her stay with us for awhile, while her mother got her stuff together (knowing full well this would probably never happen) anyways things have been spiraling downward quickly and I was wondering how that gets worked out legally, so that we would be able to act as guardians, put her on our insurance etc. Has anyone had any experience with this?

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Re: Question about custody of family members

  • RedHeadedLeo85RedHeadedLeo85
    unfortunatly not, but i wish you the best of luck
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  • knqsmithknqsmith member
    I'm going through something similar with my sister.  My nephew actually gotten taken away from her temporarily and was placed in the foster care system.  Fortunately, he was placed with my mother.  My sis is talking about getting him back and if they do give him back, I will take her to court and attempt to get custody of him.
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  • MrsBPOMrsBPO member

    Me.  :)

    I am the legal guardian of my granddaughter.  It varies by state, but in the two I've dealt with, she signed a "waiver of parental rights."  The father should be located, or an attempt made to locate him, as well, to get him to waive also.  If he can't be located, you must show that you made every effort to locate him in order to be granted guardianship.

     You will need to file for custody/guardianship (I recommend custody) with the court in your state that has jurisdiction in these cases (juvenile, superior, probate...depends on the state.)  The case will be filed and given a case number.  You will appear before the judge, explain the reasons why you should have custody and, if she agrees, has signed the waiver, the judge should give you custody.  You will get an order granting the custody, possibly Letters of Guardianship/Custody (whatever the state provides if there is something above and beyond the general order) that you can show any relevant persons.  This would include insurance coverage, medical, education, passports, etc.  As long as you can show you have custody, they are treated as your children and your responsibility.

    You might also check into programs that would be set up for family guardians that your local/county government provides.  (Food, day care, counseling and other assistance.)

    Good luck.  If you have questions or any of this was confusing (I'm tired and not thinking clearly right now) page me.

     


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  • lizlopez23lizlopez23

    Thanks Pita!

     Knq keep me updated on how yours goes. GL

    MrsBPO I will most definately be pm-ing you about this sometime soon.

     

     

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  • suzymariesuzymarie
    A friend of mine's neice was taken from her parents and put in foster care.  As soon as this happened, she immediately started the process to get emergency foster parent training, and after about 2 weeks, when all her paperwork and background checks were complete, she got her neice as her foster daughter.  The parents were compliant with their plan (parenting classes, etc) and after about 3 months got their daughter back.  They visited their daughter a few times a weeks while my friend had custody.
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