I recently gained 'custody' of my 15 year old brother. My grandmother who resides in Baton Rouge, La orginally had legal custody, but when he came to live with me in Arkansas, I was given an 'Order' placing him in my custody. Do I really have custody of him, or does my grandmother? By the way, she never signed any papers in regards to custody being given to me. However, she did write a handwritten letter saying she was no longer able to take care of him.
2007-09-28 08:01:59 · 9 answers · asked by Babyfaceboy 1 in Politics & Government ➔ Law & Ethics
The Order issued stipulates the ruling of the Judge during your brother's custody hearing. If it was consensual, wherein your grandmother agreed to relinquish her rights as his legal custodian, and the Office of Child Protection and the Judge saw it was in the best interest of your brother to put him in your custody, then he/she rendered a decision in your favor, placing your brother in your custody, thus by law issuing the binding Order. Your grandmother did not have to sign any documents. Laws pertaining to minor children are different. They do not have hearings in open court, where everyone can attend, there is usually a case worker that oversees the interest of your brother, and the case is heard in either the Judge's Chambers, or behind a closed door. An Order is essentially your Judgment in this case.
2007-09-28 08:14:22 · answer #1 · answered by deanie1962 4 · 0⤊ 2⤋
Unless someone files a successful appeal and manages to have the order vacated, then the custody battle is over.
2007-09-28 15:16:11 · answer #2 · answered by Don C 3 · 0⤊ 0⤋
This is not a question for Yahoo Answers -- you need to have a lawyer -- someone familiar with the laws of Arkansas and Louisiana -- look at the order and make sure all formalities were complied with (e.g., giving notice to your grandmother and the various government agencies).
And please talk to a real, licensed lawyer in YOUR state -- not a legal secretary or a paralegal or someone random from YA. They cannot give you legal advice -- it is illegal in California, and I'm pretty certain in all 50 states.
2007-09-28 15:06:46 · answer #3 · answered by Anonymous · 1⤊ 1⤋
If you have an order for custody you have custody...theres not much more concrete than an order out of court.
2007-09-28 15:05:31 · answer #4 · answered by elysialaw 6 · 0⤊ 1⤋
The judge's order is court action which makes you the guardian of your brother (instead of Grandma). Grandma doesn't have the power to make you the child's guardian...she could have only given you power of attorney, which doesn't always suffice when you need it to.
This empowers you to do the traditional parent-type legal stuff, from signing his field trip forms to approving brain surgery if he has an accident. If he says "you are not the boss of me," show him the judge's order. You are indeed the boss of him.
Your grandma's approval isn't the key here...it's the judge's. You're the "parent" now. Good luck!
2007-09-28 15:30:14 · answer #5 · answered by Anonymous · 0⤊ 2⤋
Call with any problem, Anytime:
Girls and Boys Town National Hotline
Phone: 1-800-448-3000
Email: Hotline@girlsandboystown.org
They have the legal professionals to
Help you and your brother with this, and
help is just a call away. <}:-})
2007-09-28 15:14:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
He's now yours, by Order of the Court!
2007-09-28 15:04:55 · answer #7 · answered by ~ Floridian`` 7 · 0⤊ 1⤋
An order is the law of the land.
Congrats Dad!
2007-09-28 15:05:22 · answer #8 · answered by Dr Jello 7 · 0⤊ 2⤋
It's exactly what it says it is..an ORDER. You do it or go to jail.
2007-09-28 15:09:17 · answer #9 · answered by midnitrondavu 5 · 0⤊ 2⤋