QUESTION
If an unrelated minor is living in my house, should I go through the guardianship process?
Asked on Jul 24th, 2015 on Guardianship and Conservatorship - California
More details to this question:
Child is 17 as of 05/2015. Let me be clear, there is no illegal relationship going on. Child born/raised in Idaho. in 2014 his birth mother decided to send him to sister's in Riverside so he could get out of legal trouble. Birth mother is officially a guardian, as her sister & husband are officially the adoptive parents. Birth mother never re-adopted. Sister's boyfriend threw child out of the apartment, child spent a year on the streets, now I am acting as a caregiver, got him registered in school. What am I missing, is there anything else I need to do, should do? What about Idaho? Do you think there is an issue with the guardian sending him out of state?
1 ANSWER
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You can care for the child in most respects with the consent of the legal guardian with a caregiver affidavit. However, if the guardian wishes to have the child returned, you will have no legal recourse without a formal probate guardianship. Under California law, the guardian is free to permit the child to reside with an out of state family. I cannot speak to Idaho's laws in this area. However, if he was sent away to evade a legal issue, that will in nearly all cases end poorly and you should consult with an attorney (assuming a criminal defense attorney) in the county where the case is pending. Finally, I am not suggesting that he become a ward of the state, but if he were to become a ward of the state and placed in a foster home there would be substantial assistance available to him once he reaches the age of 18 that will otherwise not be available. This includes assistance with medical care and education.
Best of luck.
Answered on Jul 27th, 2015 at 1:01 PM