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Temporary Guardianship Question

Started by gatortude, Aug 02, 2015, 08:42:16 PM

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gatortude

To petition the court for temporary guardianship (appointed by parent), must I file in the state that the child/parent currently resides or in my state?

ocean

You file where the child is as long as they have been there a few months.

gatortude


gatortude

uh oh!  The forms I am looking at ask about the child's mother.

We have no address for BM and no way to contact her or get her consent.

BF and BM are still legally married. BM is in Micronesia somewhere.

BF has poor health. I would like to gain temporary guardianship, with BF consent.

Will the situation with BM pose an issue with obtaining guardianship?

ocean

You have had child with you? For how long?
Go to family court near you and ask for temp custody paperwork and fill it out. Fill out mother and father's info as best as you can and write "petitioner asks for temp custody as child has been living with her since xx date and father is in agreement. Mother has not been seen child since xx date and is no longer in contact with petitioner"

Have father give you a notarized statement (can get that signed at bank or local library for free) stating he agrees to give you temp custody of minor child). Have a copy of child's birth certificate and father license if possible.

Do you have mother's parents address? Use that for now and let the courts figure it out. Courts should give you temp custody without serving mother. Perm  custody you may have to prove you tried to track her down and the courts will eventually allow you to post in newspaper if not but that is months away.

gatortude

The child does not live with me yet. School is about to start and we would like her to start school here in Florida. However, the school will not allow me to register her without Guardianship.

BF and BM are still married. We have no address, no contact information what so ever for mother.
she calls in the middle of the night when she needs money, usually from a friend's or relative's house. These people are transient and located on an island living in poverty. She does not speak much english and is very unreliable.

I would like to gain Temporary Guardianship to register her in school, with BF consent.

ocean

Child is with BF now, how far do they live from you?
As far as school, you can have BF sign her up and use your address or do what was mentioned below about going to family court and add "father agrees to give grandparents temp custody and for child to go to school in grandparents school district. Grandparents request temp custody in order to sign child up for school by xx date".

You can ask the family court for emergency temp hearing due to father is giving you custody and you need legal custody to sign child up for school. The courts may do that hearing that day or within a week instead of waiting the usual 3-6 weeks.

gatortude

Emergency hearing may help.

The school is adamant that I cannot register her for school here (in florida), only father... And that he cannot register for school here without proof of residency.

so, for the temporary custody hearing.... do I file where father lives and child currently resides? or do i file for temporary custody in florida, where I live and child to attend school?

ocean

In my school district, father can get a notarized paper stating they live with you and that is enough for residency.

When can dad give you custody? It would be the easiest if dad can drop off child to you and you have "custody" of child then have court papers ready and file that dad gave you custody (have dad give you that notarized paper).

Another option is to go see a lawyer by you. Usually first hour is free or small fee and see how much it would be for them to file the paperwork for you since no one will be contesting it, lawyer should not charge that much. Just tell them you are hiring them ONLY for emergency temp custody. Then you can do the hearings yourself, especially since you prob go to a few of them in order for the courts to deal with locating mom. You can keep child a very long time on temp orders so....

MixedBag

Ocean -- this post needs to be considered together with the other post.

gatortude

Quote from: MixedBag on Aug 08, 2015, 02:19:46 PM
Ocean -- this post needs to be considered together with the other post.

In regards to which other issue? I thought separating the issues that need to be addressed would help. Guardianship is the most time-sensitive matter.

MixedBag

The information about the background is what I'm saying needs to be considered as a whole.....mainly because there's nothing in this thread about the international aspects.

MixedBag

ok, here's what I really think I would do.....and it's all coming to you via private message.  OK?

Davy


MixedBag

She's working on it and revealed more private details via private message.

It's really "complicated" in my eyes....dad in a different state (but only 2 hours away from this person who is niece).  Mom in another country.  THEY are not divorced.

Dad really sick...on a downhill slide....and this person can't move towards dad due to her personal situation.

I think she has a handle on her options and how it all flows together.


Davy

Thanks.  I had made those assumptions along with the fact that the mother can not be contacted because NO ONE REALLY KNOWS WHERE SHE IS LOCATED.  Besides, it is not the father's responsibility to find her.  At the same time it is responsibilty of the entire system to PROTECT this child.  From what has been shared / posted the wife/mother has abandoned the child and the father and should be restrained in all matters. 

Under the circumstances it MAY be possible in Georgia to file an Emergency Ex-parte (without notice) petition for temporary custody naming the Ga. father and the adult niece (in Florida) as the only responsible parties able to make decisions (ie residency, education, etc).  for the minor child.  Social Security. retirement. veteran benefits should be protected for this child's benefit. 

This custody document should allow the child's FL residency and therefore meet FL standards.  Perhaps the Ga. court where the father resides has a family law division that could assist in this matter.  It appears this child is headed for the foster care system absent family inteference and some sort of legal action.

Really hope for the assistance of this child.


MixedBag

Mom skype's with the child.

I'm truly afraid that once dad files, mom will balk.  Right now there is a peaceful co-existence on opposite sides of the world.