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guardianship/custody of a minor

i have had my (8)for 2 years ( im 20, married, with two kids of my own, i have my own house, and my husband works a good job)and im looking into moving out of the town where my mother lives. i have a notorized note from her but where im moving wants a legal document of guardinship or custody weather it be temprary or permant.

im wanting to know can my mom sign over rights to me with out having to go through court? or wat i can do so i can take her and beable to get her medical care and deal with school stuff ?

i will not send her back my mom she wont get the lice out of her house and wont send her to school, half the time shes got atleast one utility cut off, she wont keep food in the house and all her friends and her do drugs in the home. and for the fact there is no room.
befor you say involve DHS or CPS iv tried they did nothing.

thanks for any help

Answer Question

Asked by ashleywilkerson at 12:57 PM on Jun. 11, 2010 in Politics & Current Events

Level 9 (355 Credits)
Answers (8)
  • No she cannot sign over rights to her child without going before a judge.

    Answer by Anonymous at 1:06 PM on Jun. 11, 2010

  • im wanting to know can my mom sign over rights to me with out having to go through court?
    You ALWAYS need a court order to make it official. You and your mom can go to mediation and create an agreement.

    Answer by Crissy1213 at 1:13 PM on Jun. 11, 2010

  • I am dealing with a very similar situation myself. And I'm also 20, married, have a child and expecting baby #2.
    What me and my mother were able to do is get a court advocate. You will both have to speak to a lawyer or public defender of some sort just to get the proper paperwork drawn up and signed. There should be court dates that neither of you are required to go to, the advocate will attend. I'm not 100% if this will work in your situation but guardianship has been made legal with the proper documents and neither me or my mother have appeared before a judge.

    Answer by sumhchik at 1:26 PM on Jun. 11, 2010

  • Your mother should be able to give you a guardianship Power of Attorney. That is what I got for my stepson when my husband went to Afghanistan. NO court, NO judge.

    Answer by matthewscandi at 4:15 PM on Jun. 11, 2010

  • You need a lawyer that practices Family Law for your question, sorry. Call the court in your area if you can't afford one, they should have a division for this sort of stuff and it isn't CPS or DFCW.

    Answer by urkiddingright at 5:10 PM on Jun. 11, 2010

  • In a case of grandmother has legal custody of the child and is not caring for the child like she should be, you need to call family services and have her reported if the school hasn't yet.

    Answer by babygirl66610 at 5:48 PM on Jun. 11, 2010

  • You will most likely have to petition the court for custody. We have been through all of this with our foster daughter (husband's cousin). At that point, the child should be appointed a case worker and an attorney.

    Is this child your sibling? It can be handled without the state having to take custody. If your mother agrees and you check out with the state (as in background checks and possible home study) then the judge should grant your request.

    Another thing, if you are moving out of state find out about the Interstate Compact (ICPC). You new state will require it and believe me, it's hard without it. Another thing you can check into is somthing called kinship care. I live in Indiana and my foster daughter came from Kentucky. Ky offers kinship and In does not. We had to get TANF for her along with medicaid.


    Answer by sgr123 at 11:03 PM on Jun. 13, 2010

  • cont. Something else we ran in to was the state will not terminate parental rights when a child is placed in relative care. You can petition an adoption, but that brings in a bunch of other things.

    Keep in mind that mom can take you back to court and petition for custody to be returned to her at any time. This is what bothers me so much about what I said above.

    Good luck and if you need to talk just message me. I hope I have been some help.

    Answer by sgr123 at 11:06 PM on Jun. 13, 2010

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