QUESTION
Can I get guardianship of my two nieces?
Asked on Aug 01st, 2011 on Child Custody - North Carolina
More details to this question:
I am 20 yrs old and my nieces are 15 and 11. Can I get Guardianship over them if they have been in foster care for about a year? I just found out when they got a hold of me through email. How can I pursue this?
12 ANSWERS
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You should contact DSHS to get the "ball rolling".
Answered on Aug 05th, 2011 at 5:54 AM
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You may be able to approach Child Protective Services or the Office of Child Services regarding a "relative placement" of your nieces. If the children are in foster care, they have been placed there by the State. You will have to meet the specific qualifications of the State in order to obtain the placement of your nieces with you, but often the State will prefer those placements as long as there is an agreement to keep the children from any relatives who have harmed or neglected them in the past.
Answered on Aug 03rd, 2011 at 5:45 AM
Roianne Houlton Conner
You must file a petition in the Juvenile Court that entered the order to place the girls in foster care. The local department of DHR will do a home evaluation to determine if you can properly care for the girls.
Answered on Aug 02nd, 2011 at 11:06 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Possibly. Or you may be assigned as their permanent custodian. Please seek out a local domestic relations attorney to discuss your options.
Answered on Aug 02nd, 2011 at 11:02 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Contact an attorney right away to start your guardianship.
Answered on Aug 02nd, 2011 at 8:10 AM
You should immediately consult qualified counsel. Meantime, see http://www.willicklawgroup.com/guardianship.
Answered on Aug 02nd, 2011 at 7:22 AM
Glen Edward Ashman
You gave us no information about the parents or what has already happened in court, so there's no way to answer you.
Answered on Aug 02nd, 2011 at 7:22 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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First, you should apply to be a foster parent through the local DHS office. Then, once you qualify as a foster parent, the children should be placed with family. That may be you if there are no other suitable family members available. In the meantime, you should schedule visits with your nieces.
Answered on Aug 02nd, 2011 at 7:12 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You cannot be appointed as legal guardian until you are at least 21 years of age. Given the minimal difference in age from your nieces, it is possible that a judge will have some questions about your ability to function as a parent for a couple of teenagers. But, that is a question to be decided on all the facts and circumstances. If they have are now in foster care, that suggests that there is a Dependency & Neglect case ongoing in the Juvenile Court. That means that the State of Colorado is actively involved and probably has legal custody over them and for you to acquire any responsibility or authority the court will have to decide if they should be removed from foster care and placed in your custody. You will have to pursue any desire to take responsibility through that court case.
Answered on Aug 02nd, 2011 at 7:12 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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You would need to speak with a Florida Family law attorney about this. If you would like, call Kelly Ryan Lee in our office at 904-685-1200 to see what can be done and if you qualify.
Answered on Aug 02nd, 2011 at 7:05 AM
IF there is a child dependency case going on you cannot obtain a guardianship but need to contact their social worker and ask to be given temporary custody. IF there is no dependency case going on you can file for guardianship.
Answered on Aug 02nd, 2011 at 6:55 AM
Yes, this is possible, depending on their situation and the consent (if it is required) of their parents.
Answered on Aug 02nd, 2011 at 6:53 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.