Legal Question in Family Law in California

Re: Temporary Custody arrangements

While a power of attorney may work for s short period of time, it gives you little control over the child. If CPS becomes involved with the safety of the child, you would be just one of the possible candidates for foster care. Because of the drug and alcohol problems of the parents, it is very probable that the length of time you would have the child will much longer than you anticipate. Obtaining a guardianship of the child would provide a more secure and stable environment for the child. You would then become responsible for the safety of the child and could prevent the parents from taking the when they are under the influence. Once the parent or parents have shown that they recovered from addiction then the guraridanship coul be terminated.

Re: Temporary Custody arrangements

We truly empathize with the unfortunate set of circumstances affecting the parents and children at issue, and we strongly commend you and your friend for "stepping up" in such a wonderful manner in wanting to take care of the overall safety and well-being of these children in their huge time of need.

Temporary guardianship is a Power of Attorney to give another adult the temporary guardianship over one's own minor child or children for a specific length of time. Such temporary guardianship is considered an informal guardianship, however, if the guardianship appears to be on more of a longterm basis, under the factual circumstances presented, Court approval may need to be given in addition to the legal power of attorney agreement between the parties at issue herein. Your friend should DEFINITELY speak with an attorney ASAP under the emergency circumstances. If she would like a free consultation, contact us directl hereafter. Best wishes.

Re: Temporary Custody arrangements

I agree with the other response you received. Power of Attorney, signed and notarized will cover the short term. The document should explicitly state that the biological parent is giving permission for your friend to take whatever steps she/he deems necessary to protect/maintain the health, safety and education of the child. Include as much info as possible, date of birth, SS#, etc. for all three. Additionally, I would write and have each parent sign an agreement stating what each believes to be true, what is and isn't authorized and for how long. The contract may or may not be binding but it will at least formalize the arrangement and be of some evidenciary value.