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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Can a notorized guardianship paper keep a child from going

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Can a notorized guardianship paper keep a child from going into states custody?
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I need a little more information to assist you properly.

Can you explain why the state would take custody.

Is the notarized document just allows a relative e.g. grandparent to care for the child, or is it a court ordered guardianship ?
Customer: replied 3 years ago.

My three oldest were taken into custody, due to a legal matter. I am in theprocess of getting them back. They are now staying with their grandparents. I don't want my newborn to be taken into custody, so my cousin and I were going to notorize a guardianship document.

Customer: replied 3 years ago.

The document will allow them to care for the baby without her having to go to foster care.

If the state is in process of taking the children a guardianship document will not help. when custody is removed from the parents they no longer have the authority to put the children with a relative.

You should contact the state agency taking the children and ask to have the children placed in your custody. The state (Children's services) prefer to have relatives take the children because it saves cost and keeps the children in a familiar less threatening environment. Normally children's services will inspect your home to make sure it is satisfactory for a child, and they may do a background check. Check with the case worker assigned to the children's case.

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Customer: replied 3 years ago.

They haven't said they are going to take her. I just wanted to have something set up just in case. I haven't had the baby yet and I don't know if they plan to take her or not.

The state needs a bona fide reason to take the child they include abandonment, neglect, or dependency. If the state finds that those conditions exist then they will take the child(ren). If you are identified as the guardian or present yourself as the guardian then they can attribute part of the issues with the children to you for failing to exercise the guardianship responsibility.

 

If you are going to take the child it has to be before the State comes and investigates. In that event, you can show that in your custody the child has been properly cared for.

 

Customer: replied 3 years ago.

I have been given court orders to complete to get my oldest ones back, which I have completed all but one which I am in the process of completing. My case worker hasn't come out and said when I have the baby they are going to take her. I still have legal custody of her since she is not born and they have not stated anything about intervening to get her. I just want to make sure just to cover all bases. So can the document allow my cousin to keep her?

You cannot establish a guardianship for an unborn child. You also cannot give up custody through the use of a notarized letter giving your cousin rights to take the child.

 

If you want your cousin as the guardian of the child You will need to hire an attorney to file a Petition for Appointment of Guardian for a Minor and Standby Guardian in probate court. The notarized document is only for short term situations to allow a babysitter to take a child for medical care etc. You are talking about giving up parental rights.

 

 

 

Customer: replied 3 years ago.

I'm not wanting to give up rights.

There is the rub, if you don't want to give up rights ththen you cannot establish a guardianship. You can't have it both ways, in order to stop the state from taking your child you have to give up your rights to someone else to take your child.

 

 

 

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

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