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Would like to know how i go about getting temp custody of a…

Customer Question
Would like to know...

Would like to know how i go about getting temp custody of a minor child

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No need to know what paper work to file? where do I get them? if i get them online will they accept those? mainly need to be able to get birth certi

Lawyer's Assistant: Family law varies by state. What state are you in?

Sc

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His mother died has been staying with family however lost birthcertificate and now that he is 15 he wants a permit. father is not listed on birthcerti

Submitted: 8 months ago.Category: Family Law
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Customer reply replied 8 months ago
if temp custody want allow me to get a birth certificate then how do i get the paper and info needed legal for guardianship?
Customer reply replied 8 months ago
or would a power of attorney document work?
Answered in 37 minutes by:
12/21/2017
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thank you very much for your patience. I'm sorry to hear about your situation. So, generally, to get custody of a child, you are going to have to petition the court for temporary guardianship over the child. It is probable that your local court may have a packet of forms for you to fill out to request temporary custody over the child or they may not; it really depends on what county you live in. Nonetheless, you would need to draft up the reasons why you believe you could be the best guardian for the child, including citing the fact that his mother has passed away, pay the fee, and then file it with the court. The court will require you to serve it on all interested parties, including the father. If you do not know who the father is, the court will still require you to engage in some kind of reasonable due diligence to make every effort to find him. If you cannot, then you can write to the court and explain you cannot find him. At that point, if the court is satisfied, they may very well go ahead and grant you guardianship. This means you can then freely go get whatever you need from the office of vital records.

In many cases, he may be able to just request it on his own if he goes to the office of vital records to get his birth certificate considering his age so I would have him go down there first if he hasn't already. What other questions did you have for me regarding this?

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