Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

We have been caring for a child for the last 9 months that

Customer Question
is not ours and not...
We have been caring for a child for the last 9 months that is not ours and not related by blood. The mother signed and had notarized a temporary guardianship form giving us temporary guardianship of the minor. Is this form sufficient for daycare and health insurance purposes? We have not gone to court nor filed anything with the courts.
JA: Since laws vary from place to place, what state is this in?
Customer: Mississ
JA: Have you talked to a lawyer yet?
Customer: MS
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not in over a year. At that time were thinking of taking the child but she has since asked us to care for the child.
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
1/2/2017
Family Lawyer: LegalGems, Lawyer replied 1 year ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,524
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 year ago

Thank you for your question; unfortunately only a court can appoint a guardian for a minor child; the reason for this is that the court will need to provide an order of guardianship, so that the guardian has legal authority to act on behalf of the ward. Otherwise the third party cannot enroll the child in school.

There is an exception for kinship care, when there is a hardship exemption which requires immediate guardianship and this is authorized by code 37-15-9.

Please see also 37-15-11 which allows the school to require the parent/legal guardian to accompany the child:

Whenever any minor child seeks or applies to enroll or gain entrance to any public school in this state, and the child is not accompanied by an adult or is accompanied by an adult who is not the child's parent, guardian, if a legal guardian has been appointed for the child, or legal custodian, the school official or officials or teacher to whom the child applies or reports for enrollment or admission may delay consideration of the enrollment or enlistment of the minor child and require the child's parent, legal guardian or legal custodian to accompany the child and apply for enrollment and admission into the school for and on behalf of the minor child.

The reason for the legality is because the guardian has a fiduciary duty and there are general accountings required, in addition to the court verifying that the guardianship is in the child's best interests.

For health care, a parent can execute a power of attorney allowing a third party permission to authorize medical procedures.

If one decides to petition the court for guardianship, it is usually granted if the parents do not object.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 year ago

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 year ago

I will be out of the office for the next several days on a personal leave; if you have any questions on the above please post here today and I will respond; otherwise I will respond as soon as I return.

It has been a pleasure to assist. If the information has been useful kindly rate positive so the site may credit my account for my time spent assisting you. Thank you.

Ask Your Own Family Law Question
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,524
11,524 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need to be at a guardianship hearing where my sister
I need to be at a guardianship hearing where my sister petition for guardianship of my father. He has been deemed incompetent but her lawyer says my father agreed to her being guardian. My father call… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
How do begin the course of action to obtain guardianship for
how do begin the course of action to obtain guardianship for developmentally challenged youth?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I may nedd to request an emergency guardianship of my great
I may nedd to request an emergency guardianship of my great nephew over the weekend. What is the procedure for going nefore a judge over the weekend? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am seeking to get temporary guardianship of my nephew, as
I am seeking to get temporary guardianship of my nephew, as is my mother the child's grandmother. (Basically third party custody). I need guardianship for the time being so that I can enroll my nephew… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
Guardianship for a parent. I am the only living adult child
I am the only living adult child left of my mother who has Alzheimer. A granddaughter is trying to get guardianship over my mother. Is it possible, the granddaughter can get guardianship vs. the only biological living adult child? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
I would like to know how to cancel guardianship, the
Hi i would like to know how to cancel guardianship, the guardianship was done on Family Care Plan for Army National Guard. I don't see how the Agent can terminate a Power of Attorney. … read more
Edward Young
Edward Young
Juris Doctor
158 satisfied customers
What is required, in Texas, to take guardianship of a child
What is required , in Texas, to take guardianship of a child if both parents are compliant? My wife's brother has a 12 year-old daughter. He and her mother have not been able to provide a stable envir… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
If guardianship is given to the grandmother, is one parent
Hello, if guardianship is given to the grandmother, is one parent who makes more money than the other required to pay more based on salary? … read more
LegalGems
LegalGems
Lawyer
11,524 satisfied customers
I am interested in knowing how to get guardianship of a
I am interested in knowing how to get guardianship of a grandchild … read more
LegalGems
LegalGems
Lawyer
11,524 satisfied customers
I need advise regarding guardianship in the State of Texas.
I need advise regarding guardianship in the State of Texas. I have a 17 yr. old cameroonian national orphan that is in the US on a 6 month visa extension and I need to get the quickest possible legal … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
I need assistance in getting guardianship of my special
I need assistance in getting guardianship of my special needs grandson. His mother was 15 at birth, and now at college. I am his sole caregiver and I need to make all medical decisions, and hospital s… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I went to court on oct3 for guardianship I think. it is
i went to court on oct3 for guardianship I think. it is between an aunt and myself being the grandparent and a minor child age 8 the mother & father are out of the picture for now somewhat.long story … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
I need to establish guardianship of my mother who has
I need to establish guardianship of my mother who has Alzheimer's … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
I am needing an attorney to either postpone a guardianship
i am needing an attorney to either postpone a guardianship hearing for my mother or file for guardianship myself. I am an only child but her sister is trying to gain control. … read more
lawyerJ
lawyerJ
Juris Doctorate
145 satisfied customers
If guardianship was given in California and the guardian
If guardianship was given in California and the guardian took the child to Oklahoma, does the parent have to go back to California to dissolve the guardianship and get custody? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
How hard is it to terminate a guardianship in the state of
how hard is it to terminate a guardianship in the state of missouri … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
I need to get guardianship of my mother. I believe she has
I need to get guardianship of my mother. I believe she has alzhiemers but refuses to go to a doctor therefore she has not been diagnosed. She does not recognize family members and is not going to be a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My granddaughters mother is in contempt of the guardianship
My granddaughters mother is in contempt of the guardianship papers I relieved in probate. What can I do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x