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Temporary Legal Guardianship

My DH's cousin showed up yesterday with her 6 week old son. Turns out she has a CPS case and she goes to court tomorrow afternoon. She thinks they may take him from her. She asked us if we would take temporary legal guardianship. I was wondering if anyone knew if it would be in our best interest to go to the courthouse to get emergency temporary legal guardianship or should we just wait to see what happens with CPS? If they take him will they place him in foster care and then look for family willing to take him or does he stay in foster care? I'm interested in all of our options because this little guy needs to be safe. If she pulls herself together we would be more then happy to just help out and have him go back with her once she's got it together. We are also willing to take care of him long term if needed. We are AP's so we have a home study, it needs to be case that matters. 

This is killing me.....thanks for the help

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Asked by The3Vs at 10:50 AM on Jun. 28, 2011 in Adoption

Level 8 (230 Credits)
Answers (16)
  • If she tells them that there is family willing to take them, it might just be a matter of making sure that you have a clear background and such. I would go to court with her so they know that you are already willing to do it.

    Answer by attap5 at 10:52 AM on Jun. 28, 2011

  • i think i would go with her to court and she cant tell them that there is a family member with a study home that is willing to care for him and they may just do some home studies to make sure everything is up to par.....

    Answer by cara124 at 10:57 AM on Jun. 28, 2011

  • Yes! u need to go to court with her so the court will see for themselves that there is family willing to be this childs guardian. If u don't show up the court will put the child in foster care! Go to court for the baby! He needs someone to speak for him! U can only give her visitation as long as the court agrees to it. U need to follow the rules as far as visitation goes very,very,carefully! They watch all cases like this very carefully!

    Answer by dancer at 11:21 AM on Jun. 28, 2011

  • dancer- So she can't just show up whenever she wants? She'll have clear visitation times as stated by the court?
    It seems this may get messy, especially since she's family...but she's off the rails right now and the baby needs to be with someone who can properly care for him and keep him safe.

    Comment by The3Vs (original poster) at 11:34 AM on Jun. 28, 2011

  • What about the bio dad? What happens with him? He's on parole right now and I'm sure he'll violate it soon and get picked back up.

    Comment by The3Vs (original poster) at 11:35 AM on Jun. 28, 2011

  • It just depends on all the details of the case. Often, when they place a child with family, if CPS finds out that they've allowed the parents to visit outside of guidelines, then they'll remove the child from the family member and place them with another family or in foster care.

    I know of more than one case, in more than one state, when a family member took placement and violated the safety plan by allowing the parent to visit at unapproved times and the children were removed and placed in a foster home.

    I would go to court to support her and to show that you ARE someone the child knows and that you're willing to step up and fill the gap, should they need to remove her son. But, ask questions and make sure you're fully aware of the expectations that CPS has of you - and make sure your cousin knows you are NOT willing to break the rules - because when expectations on all sides are unclear - kids suffer.

    Good luck!!!

    Answer by AAAMama at 12:49 PM on Jun. 28, 2011

  • I would contact an family law attorney, don't trust CPS to hand the baby over to you. She can sign over temporary guardianship in an attorney's office and he can file it with the court. Then you don't have to deal with CPS and all their garbage.

    Answer by matthewscandi at 3:20 PM on Jun. 28, 2011

  • I can't help but good luck in keeping this child in your family.

    Answer by onethentwins at 3:56 PM on Jun. 28, 2011

  • I think you should go with her to offer support as well as to see if they would appoint you as guardian if custody is taken from her. With 'Kin', the laws are different. You may not need an update.

    Answer by JSD24 at 7:51 PM on Jun. 28, 2011

  • Yes,her visitation will be determined by the court. As for bio dad,he will not be allowed anywhere near the baby!

    Answer by dancer at 9:45 PM on Jun. 28, 2011

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