Legal Question in Family Law in California

Child guardianship

I had submitted a question about obtaining custody of my sisters kids since she is not in any position to care for them. In addition the father has signed away his rights and is now in jail for domestic violence. I made my offer to my sister about taking her kids. She said ''go for it'' she doesn't want to go through the courts because of her history and fear of losing them all. She said she would allow them to come live with me in California (they live in New Mexico) until she is able to take care of them. She said she will write a letter saying that they will be living with me. Is that even a right? What does she need to do to allow me to take care of them legally for a period of time? Thank you so much!


Asked on 4/20/09, 1:23 pm

2 Answers from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Child guardianship

You submitted this question and I previously gave an answer. You need to set up a guardianship. You sister can simply nominate you for guardian and consent. She won't be losing her kids that way. You need the guardianship so you can enroll the kids in school, get them medical attention, etc. Your sister's letter is not sufficient.

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Answered on 4/20/09, 1:36 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Child guardianship

You may petition the court for a guardianship. Please contact me directly for assistance.

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Answered on 4/20/09, 6:02 pm


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