Asked almost 3 years ago - Fresno, CA
Flagwhat do i need to do to get temporary custody of my niece, now living with me in another state, while her parents get stable? I'm the aunt. both parents agree to give me temporary custody. I'm enrolling the child in school but school needs documentation. Parents haven't specified how long she can live with me and i'm not sure if the court only grants custody for a couple months at a time.
I agree with the other poster that you should apply for not only a general guardianship, but also a temporary as well. It is much easier to have a guardianship granted if the minor is living with you. However, while you are waiting for that, some school systems will allow for the parents to provide you with a notarized statement that you are capable of enrolling the child in school while you move forward with the guardianship. The other option is a caregiver affidavit. You can pick one up at the Probate Office. It is a form that is filled out and used to provide to different institutions, such as schools, dentists, etc., that allows you to consent. Once again, it is not always accepted by all providers.
Keep in mind that guardianships can take a couple of months to be granted. A temporary will be looked at by the judge almost immediately, but you have to file both the general and temporary. A temporary guardianship by its self is not allowed.
You may want to petition for guardianship. The parents can nominate you and guardianship will give you legal decision making power to care for the child.
Best of luck to you.
This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.
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