QUESTION
How can we transfer guardianship of the children if grandparents have guardianship?
Asked on Jan 14th, 2014 on Child Custody - Texas
More details to this question:
A friend of ours has a niece who is not capable of raising her two small kids and are in the custody of the grandparents. Our friend have asked us if we would be willing to take these children in as temporary custody. At this time, the grandparents has legal guardianship of the kids and after 2 years, they don't want to raise them full time anymore and they are desperately looking to find a permanent home for these kids. Since the niece signed papers giving grandparents custody, is it an easy process to have the legal guardianship transferred to us if this takes place? Do we still need the biological mother to sign the paperwork? Do we have to go to the courts and have judge make these decisions to change guardianship?
5 ANSWERS
Go back to court and have the guardianship changed.
Answered on Jan 17th, 2014 at 2:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If it is a true guardianship approved by the court, yes you will have to go back to court and ask the court to approve the change. I imagine the guardian ad litem would have to talk with you and look at where you are living. If it is only a power of attorney, mom can give that to you and revoke the power given to the grandparents. The problem with that is if mom wants the children back or dad rears his ugly head, you may have to give up the children. Therefore, even though it may be more expensive, in order to ensure the well being of the children, I would suggest you go with a formal guardianship, even if there isn't one in place now.
Answered on Jan 17th, 2014 at 5:12 AM
In IL, the grandparents are suppose to complete paperwork, annually, regarding the children. They can state on the annual report that they no longer wish to be the guardianship and name you in the alternative. The mother will also have to complete paperwork in order to transfer guardianship, but it is similar to the paperwork she signed the first time.
Answered on Jan 17th, 2014 at 5:12 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes you have to go through the appropriate legal process of a change of guardians, if in fact this was a guardianship proceeding and not a third party custody and yes, the parents have to be involved if their rights have not been terminated.
Answered on Jan 17th, 2014 at 5:08 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You might take them under a power of attorney until you have had them for six months and then file to change the court order. At court both parents and the grandparents need to be notified.
Answered on Jan 17th, 2014 at 5:04 AM