QUESTION
Can my husband and I get legal guardianship of our nephew without going to court?
Asked on Oct 12th, 2013 on Child Custody - Oklahoma
More details to this question:
My niece, who has pending possession charges, isn't providing the greatest home environment for her 3 year old son. We need help and put in the right direction. Thank you.
3 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona there is a provision for a temporary Parental Power of Attorney. It does not require you to get a court order for a short term situation. I advise you to consult with an experienced attorney in your area to discuss how to handle this matter. The short term Parental Power of Attorney may not be appropriate.
Answered on Oct 15th, 2013 at 10:53 AM
4 Awards
You do have to go through the court process to establish a legal guardianship of the child. The process can be complicated, so it will be important to visit with an attorney about it. Nebraska law makes everyone a mandatory reporter for abuse or neglect of a child, so if your niece's son is around substances, you are required to report it to the hotline.
Answered on Oct 15th, 2013 at 6:18 AM
You, your niece and the child will be better served if you formalize the guardianship, and do so before the government gets involved.
Answered on Oct 14th, 2013 at 7:57 AM