Full question:
I have a daughter-in-law who is going to spend some time in jail. Her husband is currently doing time in California. My question is. My daughter-in-law would like to give temporary custody of the two children to me. How do we do this?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: California
Answer:
You can make a private agreement with the child's parents to provide care for the child, such as a Power of Attorney for Child Care and Custody. A power of attorney can be made showing that you have "custody" of the child with the parents' consent. Such a document is used when the custody is only for a temporary period of time. Normally it is also beneficial to secure a medical release for emergencies, especially if a parent is not readily available. The parents may revoke this type of agreement at any time.
The California Family Code also allows a person who is related to a child to fill out a Caregiver's Authorization Affidavit. The affidavit normally allows that person, as a caregiver, to enroll the child in school and secure medical treatment for the child.
Guardianship is filed to appoint someone other than a parent to care for a minor and to make day-to-day decisions concerning the child's well-being and property. The person appointed by the court is called the guardian, and assumes legal responsibility for the child.
When the court chooses you as a guardian of the person, this means you:
For further discussion, please see:
http://www.courtinfo.ca.gov/programs/cfcc/pdffiles/guardminor.pdfhttp://www.sdcourt.ca.gov/portal/page?_pageid=55,1530270&_dad=portal&_schema=PORTAL
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
