Legal guardianship

[SquireStrat]

My fiance's nephew(15) has asked to move in with us as his mother is moving across the country and his father(my fiance's brother) lives in England. We are all for it and it seems everyone is on the same page. The only question all of us have is what the legal measures are.

After doing brief research it looks like there is two options. Having full custody of the boy or just legal guardianship while his mother still retains custody.

My question is, does anyone have experience in a situation at all similar to this? Or does anyone know what the true steps are to make things good and legal? Last thing I want is for a crazy parent to say I kidnapped their child if they decide they want their son back.

[Acevalefor]

I had legal custody of my 15 year-old sister when I lived in Texas several years ago. Her legal guardian lived in Oregon. All we needed was a notarized document signed by her guardian and myself that stated that I had custodial rights. We also took over power-of-attorney rights to make things like doctor visits and such easier. Might be a little different in FLA, but a quick phone call to your state's DHS office could get you on your way.

[Talus]

You'd probably get the best advice from a local attorney practicing in the area of family law. However, I know there are probably several attorneys and law students on BG that may have some advice too.

A simple Google search turned this up:

http://www.flcourts18.org/PDF/gurardianship_rev1-07.pdf

(note the disclaimer - it doesn't constitute legal advice, and it's best to discuss your unique situation with an attorney)

[SquireStrat]

Agreed getting legal advice is the best decision. My info is dated here as I'm more of a lurker and not a poster. I live in Michigan and the mother is moving to New Mexico. Here is what I was looking at before: http://www.michigan.gov/documents/MC...t1_34821_7.pdf

We have so much to cover in a short period of time. My fiance asked about this a few days ago and the mother plans ot move at the end of July. We just want to make sure everything is best for her nephew.

[*Shinzon*]

Yeah talk to a lawyer and if everyone is cool with it they'll draw up a power of attorney in addition to making you a legal guardian.

[SquireStrat]

One thing I'm wondering is about receiving basically child support. With the father being in England, nothing could be enforced. The mother said we would speak about it and reach an agreement. If she were to falter on payment, and if an amount is documented on the notarized agreement, do I have legal rights to try and collect?

[Byrthnoth]

If she's moving away and the father is also away, I'd say that you shouldn't take the kid in if you aren't willing to pay for him should other lines of support drop off.

If the woman uses e-mail, arrange whatever agreement you have with her over e-mail and get her explicit consent. That should serve as a binding agreement if you ever need to go to court. Getting something formal and notarized may give her the wrong vibe and lead to sour feelings.

[quannum]

he'd rather deal with sour feelings than legal trouble

[Fodder]

Regarding child support, If you are in Michigan as your profile states, start here and read up.

http://www.michigan.gov/dhs/0,1607,7...528---,00.html

With the father being in England, nothing could be enforced

Daddy might be subject to providing support under the Reciprocal Enforcement of Maintenance Orders act (REMO), as both the US and UK are reciprocating countries. Start digging around the below site and also try to find resources on the US side.
http://www.direct.gov.uk/en/Dl1/Directories/DG_177531

In addition to a speaking with a lawyer, state Child Support divisions are often more than happy to assist you with child support, and may even collect it on your behalf. You might even start there and get somewhat educated as to your options before you start forking out cash for a lawyer.

Also, check into legal guardianship/custody and what it means for YOU, in many localities it means if the kid fucks up, YOU are on the hook for any property damages, financial obligations he incurs, etc.