Reply Hey Mom! Learn more about the Gerber Life Insurance Grow-Up Plan!
 
Thread Tools Display Modes
Old 02-14-2013, 01:35 PM   #1
theonenonlymrssmith's Avatar
theonenonlymrssmith
Poet Laureate
 
Join Date: Aug 2011
Posts: 4,246
Edited for privacy issues! Thanks for the advice.

Advertisement


Last edited by theonenonlymrssmith; 03-09-2013 at 03:04 PM.
theonenonlymrssmith is online now   Reply With Quote
Old 02-17-2013, 06:52 PM   #2
Melinda29
Registered Users
seller
 
Join Date: Aug 2008
Posts: 3,634
Re: A question for my sister....

She needs an attorney who specializes in family law. Many will work for a sliding scale fee based on income. In many states, a child cannot live indefinitely with someone without legal action being taken--the legal guardian could be charged with neglect or abandonment, and your sister could be charged with kidnapping. In my state, the max is 14 days that a child can live with someone other than their legal parent or guardian. She needs an attorney NOW.

The current guardian cannot just appoint a new one, it must be done through the courts. The judge would likely order a homestudy and the legal guardian would have to voluntarily relinquish their rights (again, through the courts). The bioloigical father would have to be determined and he would also have to relinquish his rights. Then your sister would have to adopt or be appointed guardian.

Last edited by Melinda29; 02-17-2013 at 06:58 PM.
Melinda29 is offline   Reply With Quote
Old 02-18-2013, 10:05 AM   #3
Chris10's Avatar
Chris10
Registered Users
seller
seller
 
Join Date: Nov 2009
Location: NC
Posts: 772
Re: A question for my sister....

Bio dad doesn't have to relinquish rights (at least not in NC), but would need to agree to the guardianship.
Chris10 is offline   Reply With Quote
Old 02-21-2013, 10:28 AM   #4
Sageac's Avatar
Sageac
Registered Users
seller
 
Join Date: Apr 2008
Location: New Hampshire
Posts: 1,144
My Mood:
Re: A question for my sister....

I agree, talking to a lawyer is important. If the initial Guardian was given custody (but not legal adoption) by the bio parents... the rights of custody defer to the bio parents again, before going to a new guardian.

if your sister has the baby, she needs to call DCFS and get a caseworker. they will get involved/do a homestudy, and probably allow the child to remain with her as things get worked out. (also paying for most of the legal fees). at least, that's my experience.
__________________

Minimal, Communal, Earthy, Crafty Loving Single-Mama to C E : R and baby D
Sageac is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Copyright 2005 - 2014 Escalate Media. All Rights Reserved.