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How do you get legal guardianship when the custodial parent is willing to sign it over?
That depends on state law where you live. Either one of two things must happen.
- The custodial parent files for custody modification, indicating his or her wishes in assigning guardianship to another;
- You file a petition for guardianship of the child
Either way, there will be a hearing at which you will both appear. The custodial parent will explain why he or she is willing to relinquish custody of the child and you will explain why you would be an appropriate guardian. You should both be prepared to answer any questions the judge may ask. Ultimately the judge willl either accept or deny the petition based on what he/she feels is in the best interests of the child.
You would be wise to consult with an attorney before you proceed. There are Horror stories out there about parents why try to assign guardianship and wind up losing their child to the state if the judge feels neither party would provide adequate care for the child. You should go into court prepared for what will happen, what the judge is going to deem acceptable or non-acceptable, etc.
What else can I help you with?
Can a custodial parent grant legal guardianship to his wife?
yes
Can a non custodial parent gain custody if legal parent is in jail and child has no guardianship?
Yes unless they are found to be unfit.
If a child has lived with one parent for 17 years and then comes to live with the other parent who has legal guardianship?
Well.... The person who has legal guardianship is the person who has LEGAL guardianship. If the mother has custody, no matter where that child moves (untill their 17th or 18th birthdate dependant on the state), the mother will always have custody. The only way to change it is through the courts. * If a custodial order has not been issued by the court that stipulates otherwise, both biological parents have equal custodial rights.
In Texas can a 17-year-old go live with her aunt without her custodial parent's consent if the non-custodial parent says it's ok and how can the aunt make it legal and can she collect child support?
The choice of the non-custodial parent would not supecede the decisions made by the legal custodial parent. The aunt would need to petition the court for legal guardianship of the minor. Whether or not child support would be ordered is questionable and would be a decision left to the presiding judge. The aunt would need to present substantiating evidence of why the minor should be removed from the biological parent's custody. Generally the only acceptable reason would be proof of neglect and/or abuse. The person applying for guardianship is responsible for all court costs and applicable legal fees.
Does the custodial parent have a legal obligation to inform the non custodial parent in child's death?
yes
Is it illegal for a non custodial parent to take a 15 year old for a tattoo without permission from custodial parent?
Yes, if the state require consent from the legal guardian since the non-custodial parent is not the legal guardian. And yes, because the non-custoduial parent does not have the legal right to make that kind of decision for the child. The non-custodial parent could face sanctions from the court. The custodial parent could sue to have the non-custodial parent pay to have the tattoo removed.
Does a non custodial parent need permission to take a child to a counselor?
No. They would need to request a court order. A non-custodial parent has no right to force anything on the custodial parent.No. They would need to request a court order. A non-custodial parent has no right to force anything on the custodial parent.No. They would need to request a court order. A non-custodial parent has no right to force anything on the custodial parent.No. They would need to request a court order. A non-custodial parent has no right to force anything on the custodial parent.
Who is the custodial parent when custody is fifty percent for each parent?
If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.
Can the custodial parent sign over temporary custody to non custodial parent?
No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assign your own temporary guardianship to someone else.No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assign your own temporary guardianship to someone else.No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assign your own temporary guardianship to someone else.No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assign your own temporary guardianship to someone else.
Does custodial parent need to seek legal protection from non custodial parent if they are not present in child's life?
Are you denying them access?
Do you have to go to court to get guardianship even though the biological parent is willing to sign a paper and get it notarized?
To become a legal guardian, you will need to go to the court and have certain paperwork signed.
Can a non-custodial parent enroll the child in a school near them without the other parent's consent?
No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.
