untill she gets back on her feet i was wondering if anyone knew how i go about this as i will have to enroll him in a diff school? we live in ks
2006-12-28 12:52:29 · 19 answers · asked by ? 1 in Family & Relationships ➔ Marriage & Divorce
sounds like a lot of emotional tugging on this child. Can't you help her out instead?
2006-12-28 13:17:57 · answer #1 · answered by Jennifer D 5 · 0⤊ 0⤋
There is no signing custody anymore, you and your husband have to attain legal guardianship. You can have her sign over a paper she signs herself and you can enroll them but it might be hard seeing as you are not family in some way. The best way is to get legal guardianship. A couple of points though, as I have been through this.
1. Be prepared she may take a long looooonnnngg time to get back on her feet once she knows her kid is in a safe place. You may end up raising him and once you make that commitment the courts frown on you changing your mind, plus your heart gets tangled in it.
2. You will need to contact the father, run an ad in the paper, also any brothers or sisters of her and the father, grandparents, etc. immediate family will have to be given a chance to go to court and say they want the child not you to have him.
3. more expensive to hire an attorney but you wont have any slip ups.
4. if you attain legal guardianship you can apply for government assistance and medical care for the child while you care for him
5. her signing the paper is much easier but rest assured that it is not legal. If the child need surgery, some medical emergency, you have no right to make those decisions. Plus if she gets a wild hair up her behind, she can come into your house at midnight and take him if she feels like it, could be 1 day into the agreement, could be 5 years. And power of attorney does not work, only in some states and only extremely temporary, like less than 30 days. And she can still change her mind at any time.
Either way good luck. Your heart is in the right place.
2006-12-28 22:57:01 · answer #2 · answered by Rebecca R 2 · 0⤊ 0⤋
Any change like that must be court ordered, you just can't say 'here ... take him'. My wife and I took in a 16 year old nephew several years ago. His mother (my sister-in-law) and my nephew were at war with each other and had been for years. He wasn't a bad kid ... I fact his activities were broght on by his domineering mother, whom he rebeled against. He was living primarily at a friends home in a nearby town. His mother didn't like that and wanted him back home.
It came down to a day in court when a judge asked if he would stay at home if ordered back there and he replied no. His mother said then she'd give him up to foster care. My wife, who was present, volunteered our home instead. The judge made my wife and me legal guardians of our nephew, some partial support was ordered from his family to us, and he came home with us. He continued going to school and graduated from high school. The summer of his graduation, he turned 18, and he went back to the other family he had lived with before us. He applied to and was accepted at Stockton State, in New Jersey, where he graduated with honors, four years later. He's a good kid with a good job, but he's never spoken with or visited his family since coming to live with us. We ramain very close and he's here all the time to visit our kids and us. We have a great relationship.
Be careful with the arrangement you agree to with your friend. That's where a judge and a lawyer are necessary to protect your friend, you, and above all, the boy. You need to have the different responsibilities for raising the kid set out in writing, even if you're good friends with his mother. Things can get very complicated as time passes. You must know what will happen if your friend takes longer than expected to get herself together and what might happen if she can't ever get her life in order. Are you considering the possibility that he will essentially become your son if his mom can't take him at some time in the future? Are you taking the financial responsibility of raising him or is the court ordering some kind of support or other assistance?
You are considering doing a very good thing, but you need to think of all the possible outcomes on the lives of everyone involved. Good luck with your decision!
2006-12-28 21:20:36 · answer #3 · answered by Anonymous · 2⤊ 0⤋
She can give you temporary custody where you can make medical decisions and enroll him in school etc...
Make sure the biological father signs the temporary custody papers too, or you could run into more problems!
2006-12-28 20:57:44 · answer #4 · answered by Lucky 7 4 · 0⤊ 0⤋
Make sure you do the appropriate paperwork through the local Friend of the Court office. If you have the correct paperwork you won't have any problem enrolling him for school, but you will need an original copy of his birth certificate and original copies of the Friend of the Court paperwork. They will provide this service to you for free.
2006-12-28 20:54:51 · answer #5 · answered by XOXOXOXO 5 · 1⤊ 0⤋
she doesnt have to give you sign over custody, you dont have to waste money on an attorney. if it is a temporary situation, she can give you power of attorney over her son. pretty much, it is a legal paper that you can use to enroll him in school, medical care, insurance. that kind of thing. also if it is only temporary and it is convenant for you, i would keep him in the same school, that way he doesnt have to change and then change again.
also you can get power of attorney papers at office max, or office depot. just remember to have it notorizied.
wish your friend luck!!
2006-12-28 21:00:27 · answer #6 · answered by erika c 2 · 0⤊ 0⤋
I dont know about custody rights in your state,but if the mother has sole custody of the child is one thing ,but if the childs father has custodyalso ,he has to be in agreement with the mother about signing rights over to you and your husband ...hire a lawyer,get legal advice........good luck!
2006-12-28 22:53:03 · answer #7 · answered by Rhonda C 2 · 0⤊ 0⤋
you may have to consult a lawyer for that.. you could just try getting her to sign papers stating that you are legal guarding of the child and get a notary to sign it.. i would call the school and ask them and if they don't know that call a lawyer ..if you live in the same state them maybe she could just enroll him at the school close to you and sign papers there.. but if you live miles apart you will want it all legal.. because if he get sick she may not be able to get to the doctors quick enough and you will have to act on her behalf.
2006-12-28 20:57:37 · answer #8 · answered by ? 5 · 0⤊ 0⤋
Hello =)
All you really need is a power of attourney, granting you specific rights to make decisions for the child on her behalf.
Just ask a lawyer to draw one up for you...should cost less than $75..
Namaste, and Happy New Year,
--Tom
2006-12-28 20:55:10 · answer #9 · answered by glassnegman 5 · 0⤊ 0⤋
If you don't want to run into problems down the road you need an attorney to be involved in this
2006-12-28 20:54:57 · answer #10 · answered by Anonymous · 2⤊ 0⤋