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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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Weeks a family member has been taking care of a child who

Customer Question

For two weeks a family member has been taking care of a child who has virtually been abandoned by his parents. The parents were legally evicted from my family member's residence. However, the parents returned leaving the child and saying the child had no place to live. What are the legal ramifications for my family member who is a disabled 68 year old who has very little money? At some point should social services be called for the child?
Submitted: 2 years ago.
Category: Family Law
Expert:  mmdesq replied 2 years ago.

Good Morning:

I will try to best answer your question. Your relative has no legal obligation to help or pay for this child. It sounds like your relative is a very nice person and would like to help if financially able. I would absolutely recommend calling social services. If family member is willing to care for the child if finances are provided then your family member could see about maybe being approved as a foster parent and receive a stipend for caring for the child. This would be completely voluntary as there is no legal obligation to care for this child. It sounds like a very sad story.

Customer: replied 2 years ago.
I don't think that my question was answered. Are there legal ramifications if my family member continues to watch over this boy? For example, at some point will my family member be legally responsible for this boy--? At what mark in time might this happen? Again, I am asking for the legal ramifications for my family member caring for this boy!
Expert:  mmdesq replied 2 years ago.

Yes, it is possible. By providing care your family member is creating an in loco parents relation which means acting like a parent. For example of the child does not recieve appropriate medical care, nutrition, or supervision that family member could expose themself to allegation or charge of neglect. I hope this addresses your concern.