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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116705
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am caretaker infant whose mom is incarcerated. She has

Customer Question

I am caretaker for an infant whose mom is incarcerated. She has asked me to send her paperwork to sign that would make me the legal guardian ,or joint custody. Whichever is best.
What paper work is needed and what are key differences between the 2.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legal guardianship documents are the best, ***** ***** is incarcerated and joint custody is not going to help. You need to file a petition for guardianship with the local court with an affidavit signed by the mom that states she is agreeing that you would be the guardian of the child while the mom is incarcerated.
Joint custody is a court agreement where the mom maintains her rights and still has the ability to care for and make decisions for the child, but as she is in jail that is not really practical and why a guardianship petition is what is used.
So you get your local attorney to do a petition for guardianship and the mom signs an affidavit agreeing to guardianship and this is all filed in the court and the court will grant guardianship fairly quickly.

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