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How do I give my sister in MD temporary custody or joint temporary custody of my 12 year old son?

Elmhurst, NY |

My son has behavioral problems including stealing and cutting school. I do not want to give up my parental rights. My sister is willing to care for him with the help of my parents to see if they can make a difference in his life.

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Attorney answers 3


Your sister should come to NY and file a Guardianship petition, naming both you and the other parent as respondents. If both parents agree, the court will take her fingerprints and run a background check. A lawyer will be assigned to the child. If he is over 14, the court will require that he sign a consent called an Order of Preference. Assuming all is clear with the background check, and the other parent also consents, a guardianship order can be issued on the next court date.

Frank Stephen Ieraci

Frank Stephen Ieraci


Although I agree with the advice above, a custody petition can achieve the same result. Neither option is temporary. The order will remain in force until someone goes to court to change it. Both parents must be named in either petition.


You would have to check with the school district in MD to see what they would need to allow him to attend school there. You also have to look at whether there is a non-custodial parent and whether or not they agree to the situation. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


You have to get the consent of the other parent or prove her dead or unfit in a family court. Then you file a custody petition in Maryland.

Good luck.

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