QUESTION

How does the temporary custody paperwork proceeding sould be conducted?

Asked on Oct 29th, 2013 on Family Law - Idaho
More details to this question:
If an aunt and niece signed temporary custody paperwork for the aunt to care for her nephew for a limited time while the mother was able to find work and new housing (was dealing with homelessness) then, mother changed her mind and decided that it wasn't necessary to sign any temporary custody paperwork but instead just wanted to give permission to allow the aunt to 'make medical decisions' for the child while she was out of the aunt's house, can and will a family dependency judge give the aunt temporary custody without the mother being present in court? There is no open case with CPS and there is no family dependency hearing. The aunt is trying to tell the mother that she's filed the paperwork and the judge has accepted the paperwork and it is now in the process of doing a background check. Also, the aunt needs one more signature. I'm really confused on this and the reason is, because what if someone signed a parents name to this type of paperwork and just walked into a court room and there's no mother or father present, I can't imagine a judge overlooking the fact that there's no physical person present to nod there head yes that their okay with it and swearing into the court that they are that specific mother or father asking the whole proceeding. Please tell me if I'm incorrect on how these proceedings should be conducted.
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1 ANSWER

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Only if the mother is notified of the hearing and allowed to appear. You cannot do it without serving mother with the papers.
Answered on Oct 31st, 2013 at 6:31 AM

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