Legal Question in Family Law in California

Re: Guardianship of ex-student

In order to get legal guardianship, you must file a Petition for

Guardianship, and eventually obtain Letters of Guardianship. This takes

a few months, and (on top of any attorney's fee) will require a filing fee

of about $200, and perhaps an investigation fee of $400, more or less. If

the mother agrees (? no facts given about father), and no one objects (you must

give notice to all close relatives), the guardianship is likely to be granted.

You could also have the child in your home under an agreement with the mother. She could

give you a Medical Authorization allowing you to authorize medical care, which could

be expanded to authorize other acts that a custodial parent could. The schools already

have a form by which parents can delegate authority to deal with the

school to persons with whom the child is living. You may be in violation of the

law in this arrangement after thirty days (caring for a non-relative without a foster care

license), but the chance of prosecution is not great. It may be advisible to start this way

to see how it works out.

You should consider whether taking charge of someone else's child will be deemed

appropriate by school authorities.

You could also become licensed foster parents, and the mother could enter into a foster care

agreement with you. This would be strictly legal, but would not entail a change in

custody, as would a guardianship.

I hope this is of help. I think you should have a session with an attorney who can go into

your specific situation, and the pros and cons of each option.