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I am starting the process for my 17 year old niece. Her

Customer Question
I am starting the...

I am starting the process for my 17 year old niece. Her mother is deceased and her father lives out of state and will sign the forms. Does he have to have the signed forms notarized?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have you taken so far?

Nothing. I would like to file the papers next week as I will be in Los Angeles at the Superior Court

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

No thanks

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
1/5/2018
Lawyer: Gerald, Esq, Lawyer replied 3 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,114
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 3 months ago

I gather that the father has agreed for you to be the custodian of your niece.

Yes, he should sign the documents in front of a Notary.

Here are the forms if you are seeking Guardianship.

http://www.courts.ca.gov/1214.htm

Since she is 17 and almost an adult you can use a short term agreement form. This one is from Nevada but may work for your needs. It would need to be edited of course:

http://www.familylawselfhelpcenter.org/self-help/guardianship/filing-for-guardianship-over-a-child/the-mother-and-the-father-will-both-consent-to-the-guardianship

Or you can proceed in superior court if you prefer.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 3 months ago
I am not trying to become her guardian; I am trying to get emancipation. Please advise as to the process; particularly if dad needs to have his signature notarized.
Lawyer: Gerald, Esq, Lawyer replied 3 months ago

I see. I misunderstood.

If he is agreeing to the Emancipation then yes he should sign the forms in front of a Notary.

This link provides detailed information the process:

http://www.courts.ca.gov/1221.htm

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 3 months ago
I did have one other question; does my niece have to personally file the papers at the Los Angeles Courthouse, or can I drop off the (signed by her) forms and attachments for her?
Lawyer: Gerald, Esq, Lawyer replied 3 months ago

You can drop them off for her, but if there is something missing or incorrect it may be necessary for her to redo or resign the documents.

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