Legal Question in Family Law in California
Unsure if I need to get Legal Custody
Since January of this year I have been taking care of my three nephews because my sister was taken into custody for a roberry charge. Since we already know that she is looking at least two years in prison, I would like to know if I have to get legal custody of the children through court or I can just take care of them and be a caretaker without going to court and making it legal?
Thanks,
unsure
2 Answers from Attorneys
Re: Unsure if I need to get Legal Custody
You did not indicate where the father of the children is. If he is around then he should be taking care of the children.
If the father cannot be located then you probably need to file for guardianship of the children as otherwise you have no right to make important decisions (medical, educational etc) on their behalf.
Regards, Damian Nolan
Reply: Unsure if I need to get Legal Custody
Generally speaking, the best option is usually a guardianship. Some individuals rely upon powers of attorney forms as a more simplified option. You are not a candidate for legal custody. Presently, you are not able to make legal decisions for the children such as authorization of medical treatment, enrollment in school, etc.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com