Legal Question in Family Law in California
Guardianship
What must be done to obtain guardianship of my minor nephews? Background. My sister was just released from the hospital and is under 24-hour care by our mother in our mother's home. My sister cannot care for her children until (or if) she regains her health. She resides in California. She is not divorced from the father of the children, however, he has lived the last five years in another house with another woman. Although the husband/father said he would take care of the children since the hospitalization of the mother, he has not. The children are left alone except for a daily visit from the father. It is agreed between me and my sister that the children will stay with me and my family in Washington State. I need some legal standing with the children to register them in school and take care of medical/dental situations. I have been told that a form or note signed by the mother and notarized is sufficient to allow me to care for the children. Request your advice.
2 Answers from Attorneys
Re: Guardianship
There is no approved form for the kind of thing you want to do. It is preferable to have both parents sign the power of attorney,or th eletter of authorisation signed by only one parent.
There are dangers in removing the children from the area of the father's residence without his approval. Unless there is some court order that allows you to take action it may appear to be custodial interference or kidnapping unless he consents to the removal.
Re: Guardianship
There really is no standard approved form for the kind of thing you want to do. However, I have a power of attorney that I use in these situations. I would be happy to email it to you. It is preferable to have both parents sign the power of attorney, but most schools and medical providers will honor it even if it signed by only one parent.
There are significant dangers in removing the children from the area of the father's residence without his approval. Unless there is some court order that allows you to take action it may appear to be custodial interference or kidnapping unless he consents to the removal.
If the children are currently in California, any action for custody would have to be brought in California. In Washington we have a requirement that the noncustodial parent must be given notice of a certain type before the custodial parent moves the children from the area of their current residence.
So proceed carefully. GOod luck.
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