Legal Question in Family Law in California

guardianship

A family friend is going to turn herself into the courts and will probably be in state prison for 6-12 months. She has asked me to care for her two boys until she gets out.

I am willing to do this provided there are no interferences from law enforcement (cps etc.). She is planning to tell the courts that the boys are with her sister up north.

This will not be the case because her sister and other family members don't care. She will transfer them from their present school district to ours. I am not sure what if any questions will arise as my 14 year old daughter attended the elementary school they will be enrolled in. And their records show that she does not have any siblings of this age. If the school wanted verification of legal guardianship, what would I do? My Husband said that we're about the only chance these boys have and it breaks my heart to see what they have undured since their births. She (the Mother)is tired of running and wants a normal life for herself and her boys. I have no choice to believe that she will not return to her past lifestyle. If she were to write out a statement saying that she is leaving the boys under our care and we have it notarized,would that suffice?

Thank you in advance.

Dee West


Asked on 4/03/05, 2:37 pm

2 Answers from Attorneys
Jennifer Sawday Sawday and Drake

Re: guardianship

It would be wise for you to seek temporary guardianship of her boys instead of having your friend lie to the courts. Lying is never permissible. Will your friend be represented by a public defender? If so, she should inquire with their office about how to establish a temporary guardianship for her kids while she is incarcerated. They may have a legal resource that she can use without having to hire an attorney to take care of this.

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Answered on 4/04/05, 10:57 am
Damian Nolan Law Offices of Damian M. Nolan

Re: guardianship

First and foremost, DO NOT LIE TO THE COURT!

Where is the father? If he is a fit parent and has been part of the children's lives, then he probably should have custody. If not, then you need to file for guardianship of the children. There are many good reasons for this course of action not the least of which is your ability to provide the children with proper medical care and deal with their schools.

I reiterate, do it right first time!

Regards,

Damian Nolan

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Answered on 4/04/05, 1:59 pm


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