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Thread: Guardianship

  1. #1
    lovingauntie200 Guest

    Guardianship

    I live in Indiana. I am a mother of 4. My nephew also has been living with me since last August. His mom (my sister) is addicted to crack. She has three kids altogether. The oldest child lives with her dad, the middle child lives with me, and the youngest lives with her, and her boyfriend in a hotel. She is claiming the child that lives with me on her welfare so she can get more, and now she is taking his father to court for child support for him. I told his dad that she was about to take him to court. She got very angry at me for doing this and threatened to take back the child that lives here with me. She didn't though, cause he is in school, and on a soccer team here with me. I am afraid though when he gets out of school that she will want him to come and live with her in the hotel room. Cause she has no intentions of getting a job, or moving out of that place. I want to get guardianship of my nephew. I was going to wait until she took his dad to court for support, so he could tell the judge that he doesn't live with her, and he was going to ask for custody, and then give me guardianship. Now I don't think I should wait. My nephew's dad totally backs me up, and wants me to have guardianship. Do I have any rights? Should I file right away? I don't have much money, I am a full time student, and my boyfriend is on unemployment right now. What should I do? My nephew does have his own room and stuff here at our apartment, and is doing so much better than he ever has before. This is also the second time my sister has given her kids to family memebers in the past five years. Please Help..... Thank you.....
  2. #2
    oneandonly Guest

    Hold the phone....

    she's committing welfare fraud (collecting on a child NOT living with her), along with collecting support on the child not living with her and NO ONE has turned her in?
    Not that that would solve any of the custody/parental involvement (or lack thereof) here, but just burns me personally that this obvious duping of the system is evident.
  3. #3
    krispenstpeter Guest
    Should I file right away? I don't have much money, I am a full time student, and my boyfriend is on unemployment right now. What should I do?
    And where the hell is the father of this child?
  4. #4
    stealth2 is offline Senior Member
    Join Date
    May 2002
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    44,205
    If noone minds, I'm just going to go beat my head against a wall for a while.
  5. #5
    krispenstpeter Guest
    Want some help
  6. #6
    coosi Guest
    [url]www.mcnevinlaw.com/guardianship.html[/url] -

    Guardianship In Indiana
    WHAT IS A GUARDIANSHIP?
    A guardianship is a declaration by a court of law that a person is unable to care for themselves and/or manage their personal and business affairs (incapacitated person) and the appointment by the court of a Guardian over the incapacitated person. The Guardian's relationship to the incapacitated person or ward is like that of parent and child, at least with respect to the management of the wards personal and financial affairs. A guardianship is completely separate and distinct from a Power of Attorney, which basically confers the right to engage in various legal affairs (e.g. signing a contract) on behalf of the person who confers such a right.

    TYPES OF GUARDIANSHIPS:
    Indiana provides for the establishment of Permanent and Temporary Guardianships over both minors and incapacitated persons. These persons are legally referred to as a WARD. A temporary guardianship is statutorily limited to 60 days before termination or review. However, before a Court will declare a guardianship and appoint a guardian, the Court must first adjudicate the existence of an incapacity (e.g. ward is in a coma) or that the ward is a minor (e.g under the age of 18 years).

    REQUIREMENTS OF GUARDIANSHIP:
    The person applying for a guardianship comes before the Court as the Petitioner. The Petitioner must first prove to the Court that the minor or incapacitated person is in fact a minor or incapacitated and that the Court has jurisdiction over the matter. While there are a number of ways for a particular court to have jurisdiction over a particular minor or incapacitated person, the basis most generally relied upon is that the minor or incapacitated person resides within the same county as the Court and that the Court has jurisdiction over probate matters.

    The petitioner must also prove that he or she is over eighteen years of age, a resident of the State of Indiana, and possesses no felony convictions. The petitioner may also need to satisfy the Court that he or she is capable of caring for the ward and the ward's financial interests.

    APPOINTMENT OF GUARDIAN AD LITEM:
    The Court may, but does not necessarily, appoint a Guardian Ad Litem (generally an attorney), to represent the interest of the minor or incapacitated person. Generally, where the Petitioner appears in all respects to be competent to serve as a guardian, that the need for a guardianship is readily apparent and there are no objections or competing petitions for guardianship pending, a Court may not appoint a Guardian Ad Litem. Where a Guardian Ad Litem is appointed, the Guardian will generally investigate the facts to be certain that the need for the guardianship exists and that the Petitioner is qualified to serve in that capacity.

    COMPETING PETITIONERS:
    Where more than one person has petitioned the Court for Guardianship the Court will necessarily make its decision only after due consideration of the statutory priorities for such an appointment. The Court will generally give more consideration to a petitioner designated in a durable power of attorney than even next of kin. Therefore, persons who would prefer a particular person to serve as guardian, should something happen to them, attempt to designate that person in a durable power of attorney or at least in a will, which will also be given serious attention.

    A Guardian is a fiduciary (person entrusted with safe guarding property and interests of another) and as such has very important responsibilities. Among these responsibilities is the need to file an accounting every two years showing the inventory of the incapacitated person. Where the guardianship is over a minor child, the accounting will generally be negligible. An attorney can assist you with that task.

    ***Although addressed to grandparents, the following site has good information for relatives raising children in Indiana...

    [url]www.grandsplace.com/gp8/in.html[/url] - 17k

    Good Luck and God Bless You!
    Last edited by coosi; 04-12-2004 at 08:39 PM.
  7. #7
    BL
    BL is offline Senior Member
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    Location
    In the good old US of A
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    19,139
    Welfare Fraud !! The Judge would have a blown gasket !!

    And really How Big is this Motel Room ??

    Does the Occupants out number the Code for capacity ??

    say CPS was to get involved ? They would look for next of Kin to place the child(ren) with anyways .
  8. #8
    lovingauntie200 Guest
    I know she is committing welfare fraud. I also know that when the court date comes for her to take his father to court for support he is going to tell the truth, and the **** is going to hit the fan. It will probably take a good two months to get him into court for child support. The thing I'm worried about is that she is going to take him back before the hearing. That's why I want to know if it is likely that I could get guardianship before this ever takes place. Then they could both pay me support. I haven't gotten one dime from his father or mother in the ten months that he has lived with me. Not that the money matters, I'm more concerned about his safety, and well being than the money. The father of my nephew doesn't want him either. He has had my niece since last august as well. He has a baby on the way, and his girlfriend has a baby. But he does want me to have his son. I am meeting with legal aid on Friday. If anyone knows anything else about these issues, Please Reply. I am torn. I want the best for my nephew, because I love him like my own. On the other hand my sister is going to be in alot of trouble more than likely. I just can't take a chance on him going back to live with her and go through all the **** she has already put her kids through. I do know if I go for guardianship she will fight me all the way. Her hotel room has a full size bed, a fold out love seat, a refrigerator and a microwave. It's all in one room though, and there are three people living there.

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