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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110422
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I currenly am providing 100% childcare, residence for a single

Customer Question

I currenly am providing 100% childcare, residence for a single mother and her baby. The baby is with me 90% of the time. The mother wants me to have guardianship papers, just in case something should happen to her.

The father of the baby is an ex-boyfriend who does not contribute financially and sees the baby maybe 1-2 mo, only if the mother arranges it and agrees. They never went to court to establish custody. The father is illegally in the country now and has been for 9 yrs.

The father has threatened the mother with wanting to hurt her, take the baby away.

In the best interst of the baby, I am trying to figure out the next course of action. Plus, since the baby is basically dependent on me for everything, by signing guardianship papers, would that qualify as a dependent for my taxes?

Your advice is appreciated
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 years ago.
If these are credible threats of harm against the mother, then the mother can seek a protective order against the father to prohibit the father from coming near her or the child. If the father has established or acknowledged paternity, then he does have parental rights he could exercise through the courts. If you get the gurardianship papers issued through the court, then you could make the child a dependent of you. You would however need consent of the father to get court ordered guardianship if he has acknowledged paternity or at least would need to send him notice of the petition being filed for guardianship and he would have an opportunity to contest it.

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