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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been raising my Godson 1/2 years with a notarized

Customer Question

I have been raising my Godson for 2 1/2 years with a notarized copy of temporary guardianship with an open date, She is going to prison for possibly 10+ years. I need to know what to do legally to continue to raise him and provide for his needs such as insurance and so forth. I am pretty sure mom will sign whatever we need.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

There are two options:

1) Continue using a Power of Attorney for Minor (which I believe you have), which is lawful but the parent can end it at her discretion and also some third parties can refuse to recognize this, or

2) File a Petition for Suit of Parent Child Relationship and ask the Court for formal conservatorship (custody) of the child based on the fact that the child has been living with you for 6+ months. If the mother agrees, then this should not be an issue and the Court will order a home study which - once okay'd - will be used by the Court to grant the petition and give you formal court-ordered custody.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.