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I'm going to be giving my sister guardianship of my 16 year…

I'm going to be giving...
I'm going to be giving my sister guardianship of my 16 year old daughter for roughly 1 1/2 years until my daughter turns 18. My sister has multiple times in text and e-mail said she will take over everything for my daughter since my sister in financially comfortable. I had a concern that my sister for spite might try to com after me for child support once i give guardianship to her. I know guardianship doesn't allow her child support but my concern is once she has guardianship she then may request a formal guardianship which will result in Letters of Guardianship being issued (if granted by the court) and that may include an order for child support since a parent has a legal duty to support the child. So is there a legal and formal way in the guardianship paper work that i can work in the stipulation section that this guardianship is only agreed to on the fact my sister does not come after me for child support since my daughter is going with my sister because she is more financially stable.
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Customer reply replied 1 month ago
Can i also add in the stipulation that she cant be online or home schooled ?
Answered in 1 hour by:
3/12/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 452
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

It appears that your sister, at this point, with your agreement, is going to have guardianship of your daughter. You want to know of you child support exposure and if you can put in the agreement that she could not be online or home schooled?

Is that correct?

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Customer reply replied 1 month ago
i want to know if i an put in the agreement i'm only giving guardianship under the agreement she is not wanting child support during this period and that my daughter cant finish out her last year and a half of high school online or home schooled

In Colorado, it would be possible for her, under a guardianship, to file a case seeking child support, but the best way to protect against this and to include coverage for you on the issues of online school or home schooling that neither will be allowed is to address it in the guardianship agreement.

You could use language to the following.

Both parties agree that as part of this placement there will be no child support paid nor received and that there will be no subsequent action filed with any court where either party would seek child support.

and

Both parties agree that the minor child will attend public high school. Both parties agree that the minor child will not participate and take any classes in an "online" fashion nor will she be homeschooled.

If you address this with your sister in advance and get this into the guardianship agreement, then this will provide the most coverage for you. I always tell people even if there is something in an agreement it does not keep someone from going to Court, but if that happens the person in your position can show that the agreement addressed that and that it was not allowed,

This would provide you the most coverage against your concerns.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 452
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
One last question ... could my sister keep my daughter from seeing me , does she have the power to say she doesn't want her coming down for like a weekend visit as an example since i'm in a different city but same state, just wasn't sure if giving guardianship is giving up my parental rights too... if so would i also have to put that in the stipulation requiring visitation or what would the language be for that ??
Customer reply replied 1 month ago
wasnt sure if i had to start a whole new question or add on so i did both sorry

Ill answer in more detail under the other question and copy this information to that one for you....

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Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 452
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