QUESTION

Can my friend give me guardianship of her baby when it’s born?

Asked on Jul 21st, 2019 on Child Custody - Virginia
More details to this question:
My friend from college is pregnant for the 4th time.(youngest not even a year). She has three kids already and knows she can’t care the one on the way. How can she legally let me raise the baby without going to court? Or what are the steps? My husband and I are more than willing to step in. Thank you any advice
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1 ANSWER

Family Law Attorney serving Fairfax, VA
2 Awards
Lawyers.com offers general information and not legal advice.  Legal advice is based on the law in your state, as applied to the specific facts in your case.  While I am in a position to offer some general information, it is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  As a general rule, when dealing with issues involving the primary residence and one's legal ability to make decisions regarding a minor child, we generally address these matters in the context of custody determinations vs a guardianship.   There are different types of custody decisions.  For example, joint legal custody is where the biological parent retains the ability to nake joint decisions with the new custodial parent.  This statement assumes that the biological parent has agreed to share joint legal custody with another person.  Sole custody is where only one person has the right to make legal decisions concerning the child's health, education, and well being.  Also, the law requires that the father has notice of any decision and is given an opportunity to be heard in the matter.  If you want the action of the parties to be legally binding, you have to decide if it is in the best interest of the child for the parties to reach a custody agreement, which is later presented to the court for entry into the court.  Again, this is an oversimplification of what can become a very complex process.   In order to properly protect your interest,  more information is needed.  Accordingly, your question cannot be answered in this forum.  Please invest the time and money necessary to meet with an experienced lawyer in your area to address this matter in greater detail.  Best of luck~ 
Answered on Jul 22nd, 2019 at 8:32 AM

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