0
You haven't included details such as marital status or why guardianship is necessary so the following is general information.
The legal relationship between a parent and child is generally that of legal custody. Married parents have equal rights of custody and equal parental rights until those are affected by a court order.
If the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. A child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. State laws differ as to how custody is determined. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
In rare cases, a parent who has legal custody of their child must take the additional step of being appointed their child's legal guardian. An example is in the case of an inheritance. When a minor child inherits property a legal guardian must be appointed by the court to manage the child's property. A petition for guardianship must be submitted to the family and probate court. Once the petition has been allowed the parent has the authority to manage the child's estate.The guardian is under the jurisdiction of the court and must submit an inventory and periodic accountings to document their handling of the child's funds or property.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
You have temp custody of 2 children that are not related to you for 1yr how do you get legal custody of them?
File a motion for full guardianship of a child in need of care.
Can my dead spouses mother who does not have guardianship or custody of my children take me back to court for an increase?
No. Nor does she have the right to accept any court ordered child support payments. She must petition the court to be appointed the child's legal guardian. If the deceased mother had full legal custody a guardian must be appointed or you must obtain legal custody through the court.
What are an unwed mother's rights in Colorado?
You have full custody and legal guardianship. The father have to go to court to get his parental rights and petition for custody, visitation and pay child support.
Can a 16 year old son of divorced parents living with dad go out of the country with the father without the consent of the mom?
If the father in subject is the legal and FULL guardian of the child in question, yes as there is no consent needed if the father is the full legal guardian of the child. If, however, it is a joint guardianship between the mother and the father, no, the father will need consent from the mother.
How do you give full custody of your child to a friend of the family who lives in the U.S.?
A parent can only give a friend or relative temporary custody of a child (meaning three months or less). If one wishes to have someone take full permanent custody of their child, the parent needs to relinquish custodial rights and the accepting adult needs to apply for legal guardianship through prescribed legal methods. The other option is obviously relinquishing parental rights so the child can be adopted. The legal process is quite different however if the child is not a U.S. citizen.
Can you get guardianship without going to court?
A parent cannot get guardianship of their own child. Guardianship is when a non-parent obtains legal custodial rights of a child without going through full adoption.Another View: If the son is of legal age to be considered an adult yet has been adjudged mentally incompetent or physically unable to care for themselves, THEN the parent(s) could petition the court for guardianship. Whether or not they could do it without lega lhelp is questionable. Much depends on just how knowledgeable and 'savvy' the parents are. Certain legal requirements of the law must be met and complied with and certain filings must be done. I would strongly suggest consulting with an attorney.
What if the parents endanger a child in Indiana?
Call Child Protective Services immediately and follow up with any advice they give you about petitioning the court for temporary or full guardianship.
If you have guardianship of a minor for 2 yrs and the mother has not contacted you in over a year to see the child or anything would that be considered abandonment?
Were you awarded "guardiasnship" by a court order, or did you just 'take over' the care of the child? Check with the wording of the guardiasnship papers. Contact your state's Social Service Agency and check your state's laws to see if that time period qualifies. If it is your intention to assume full legal guardianship over the child there are MANY questions you will have to answer and procedures you will have to go through.
You want to move to Europe and you have an underage child you have legal guardianship Could her father stop you from leaving?
It Depends. If you have full legal guardianship, you should be allowed to. Though you might need to give him a three (3) month notice, and you might need to give him the address. Some other conditions might apply, you should check with your lawyer, all cases vary. The Best Of Luck, To You and Your Daughter. Bella Answer No, you need his signature on the application
What form can a father have the mother sign to give him full custody?
None, as it would not be legal unless approved by the court. She can grant you guardianship with a notarized letter, but this would not stop child support. For an appropriate transfer of custody, use a mediate and register the agreement with the court.
I have legal custody of my cousin what is differnce between full custody and guardianship because board of social services is challenging my authority ?
Both full custody parents/guardians have say over the child. However, just because you are someones guardian does not mean that you have full custody of that child all of the time. It simply means you have say so in the childs life. This is how it was when my grandmother had full custody of me, however, my uncles were my guardians. I do not belive this particular law varies from place to place.
Can a stepsister have partial guardianship?
Anyone the court deems to be qualified can have full or partial guardianship of a minor or incompetent person.
