• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How do I get guardianship or legal rights to a minor?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

krodgers01

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I need advice on how to get guardianship of a minor. The parents will agree so its not a case of me trying to take the child away. Actually, the father cannot have any contact with the child and the mother doesn't have room for her. I just need to know what is the legal process of this. Can I just get a notarized letter or do I have to go to court? Or would a power of attorney be a better option? I am confused with all the laws here in North Carolina.
 


cbg

I'm a Northern Girl
Are you a family member? Is there a court order stating that the father is not permitted contact?
 

krodgers01

Junior Member
No I am not a family member I am a friend. I am not sure about the court order at this time all I know is what the child tells me. She was living with another adult who just put her out for not following the rules (she is 13) so I sort of inherited this. All I know is that he drinks a lot and was leaving her alone with 4 younger siblings for 3 or more days. So I am assuming that it is court ordered. I have yet been able to talk to her mother or father but they know she is here and really just seems like they don't care where she is as long as they don't have to pay for her care. Its really sad.
 

LdiJ

Senior Member
No I am not a family member I am a friend. I am not sure about the court order at this time all I know is what the child tells me. She was living with another adult who just put her out for not following the rules (she is 13) so I sort of inherited this. All I know is that he drinks a lot and was leaving her alone with 4 younger siblings for 3 or more days. So I am assuming that it is court ordered. I have yet been able to talk to her mother or father but they know she is here and really just seems like they don't care where she is as long as they don't have to pay for her care. Its really sad.
From someone who has been there, done that, you might want to think very carefully before you take on that responsibility. It could lead to far more drama in your life than you may be prepared for...particularly with a child who doesn't want to follow the rules.

If I had it to do over again, I would not have done it.
 

krodgers01

Junior Member
Well she is just 13 and I have a 14yr old and they have been friends for a while. She is here a lot and has never given me any problems. The person she was staying with to me just doesn't seem to stable. I am thinking that if she is in a stable home she will be fine. I just need to get this legal but am confused with everything I read online about North Carolina laws.
 

Zigner

Senior Member, Non-Attorney
Well she is just 13 and I have a 14yr old and they have been friends for a while. She is here a lot and has never given me any problems. The person she was staying with to me just doesn't seem to stable. I am thinking that if she is in a stable home she will be fine. I just need to get this legal but am confused with everything I read online about North Carolina laws.
That makes it WORSE, not better.

I guaran-dang-tee it that you will end up having problems...
 

mistoffolees

Senior Member
I have a suspicion that you're being played here.
Maybe, maybe not.

In any event, I would suggest having an attorney draft a guardianship document and have both parents sign it.

Before doing that, consider:

1. Who is going to pay the costs of raising the child?
2. Who gets to set household rules? What can you do in terms of disciplining the child?
3. You need medical power of attorney
4. What about school? Do you have the legal right to enroll the child in school (check your school rules - some schools require custody, not just guardianship)
5. if your 14 year old is a boy, I wouldn't do it under any circumstances, but that's up to you. In any event, you need to prepare for the consequences of a romantic liaison.
6. Make sure your insurance is up to date, including general liability
7. What happens when she's old enough to drive? Are you willing and able to take on that responsibility?
8. Can you deal with the consequences if being in a 'stable home' doesn't stabilize her? What if she gets into serious trouble? Can you handle that?
And a million other questions that you really need to be concerned about.

I wouldn't say that you shouldn't do it, but be very, very, very careful. There are a lot of ways this could bite you in the rear.
 

mistoffolees

Senior Member
So would I. Like I said, I have been there done that.
And you're not the whole world.

I was in a position where it looked likely that one of my daughter's friends would come stay with us. We didn't do it and her life has been he77. I wonder how much better it would have been for her if we had taken her.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top