QUESTION
What type of custody should I get for my nephew and how do I go about getting it?
Asked on Sep 08th, 2013 on Child Custody - New Jersey
More details to this question:
I have been caring for my nephew for the last year. His mother is in another state with legal issues. She was incarcerated and is about to go back to jail soon. I would like for her to be able to take custody back if she can prove herself to me, that she will be able to care for him afterwards. I need to be able to get insurance for him and get him enrolled into school. I wanted to know if I should do a temporary or standby custody or just get some type of legal guardianship.
3 ANSWERS
For your situation, you would probably benefit best from having guardianship of the child. This allows you to have legal say so, enroll in him in school, attend doctor's visits, etc., and still allows the mother the opportunity not to relinquish your parental rights.
Answered on Sep 09th, 2013 at 6:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Legal guardianship would be best, because the others come from powers of attorney and she can revoke them at any time.
Answered on Sep 09th, 2013 at 6:31 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Your issue is rather complex. You could go the route of having the Family Protective Services becoming involved. You might qualify as the guardian, and the child would be eligible for many free services. Or, you could become the child's legal guardian through the Surrogate's office. The advantages and disadvantages are too numerous and complex to discuss via e-mail.
Answered on Sep 09th, 2013 at 1:15 PM