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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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How to arrange custody: My niece is having her 7th baby

Customer Question

How to arrange custody:
My niece is having her 7th baby in Oct 2015. She has asked me to care for the baby since her hands are full with the other 6. She lived in New Jersey and I live in Florida. When the baby is born, I only have a week to fly there, get custody issues resolved, pick up baby and be back.
What steps do I need to do to properly take custody of the newborn? Can I get permanent custody right away or do I have to wait for a court date? Do I have to get a power of attorney to allow me to make medical and daycare decisions? How can I get this baby on my health insurance?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
Please tell me, where is the biological father?
Is he in agreement of you caring for the new baby?
Customer: replied 1 year ago.
She does not know where he is
Expert:  Samuel II replied 1 year ago.
HelloThank you. Please note, if he is on the birth certificate, he will have legal standing. And as such you will need to advise him of any and all actions to take the baby. If he is never placed on the Birth Certificate, I suggest you can use this LINKAnd that is a General Guardianship form. IT MUST be signed by both in front of a Notary. You can use that for now. As the child gets older you will want to consider going through the courts, maybe as an adoption or a permanent guardianship. I suggest, that once the child resides with you in Florida for at least 6 months, it will become the child's Home State and any action to the courts would need to be done in Florida. Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you
Customer: replied 1 year ago.
So, all that is needed is that I and the mother (my niece) sign that form or a similar form in front of a notary and then I become the temporary guardian immediately... No court needed?
Then I bring baby to FL. Then after 6 months if/when permanent custody is needed, filings can be done in FL?
Does temporary guardianship allow me to make medical and daycare decisions for the baby? Does temporary guardianship allow me to put the baby on my health insurance?
Expert:  Samuel II replied 1 year ago.
Yes. That is correct. The form can be temporary for as long as necessary. And so once the child is with you in Florida for at least 6 months, any court action to make it permanent or maybe adoption will need to be done in your state.The form is specific as to the decisions you can make. i suggest if you read it, you will see that you have the legal authority to make those decisions. I cannot address the insurance. You will need to see what is required in the way of a new member of the family. They may need a court order. I suggest you need to find that out from the insurance provider.
Customer: replied 1 year ago.
Thank You.
Expert:  Samuel II replied 1 year ago.
You're welcome. Thanking you in advance for a Positive rating. Best of luck to all.

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