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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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What would I need to do to obtain legal guardianship or custody

Customer Question

What would I need to do to obtain legal guardianship or custody of my 8 year old nephew?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
He is currently staying with me and his mother is on drugs and homeless at the moment. I think she would be willing to do either guardianship or custody but I'd like to avoid child services completely and going to court if possible.
Customer: replied 2 years ago.
Would "child care authorization" allow me to take care of his education, medical, etc. if his mother would agree to it? I'm looking for the simplest way to be able to do what I need to do legally without causing trouble for anyone.
Expert:  mmdesq replied 2 years ago.
Good Morning:
You have two options.
1. File a Petition for Guardianship. This is better for a shorter term placement.
2. File a Complaint for Custody. This is better for a long term placement.
For either you will need to establish standing (the legal right) to bring the action. One way to do this would be to allege facts supporting in loco parentis (that you discharged the duties of a parent on behalf of the child with the permission of the parent). This can be financially and with physical action and care.
I hope this is helpful.
Customer: replied 2 years ago.
Would a child care authorization allow me to do all of his medical and educational business if I simply volunteer to support him in all other areas.
Expert:  mmdesq replied 2 years ago.
A child care authorization should be sufficient, but different school districts and doctors have different standards. In addition, either parent can revoke the authorization at any time.
Customer: replied 2 years ago.
Would it be something his biological father could do if he's not on the birth certificate nor does he have any legal orders that I know of. Another man is on his birth certificate.
Expert:  mmdesq replied 2 years ago.
You can file a complaint for custody or a petition for guardianship. The clerk of courts at the courthouse should have forms for both documents you can follow.