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  1. #1
    jordan1870 is offline Junior Member
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    Legal Custody vs. Legal Guardianship??

    Alabama - I was awarded legal custody of my niece and nephew over 7 years ago. They were removed from my sister's home by DHR and I was awarded full legal custody. Initially DHR had temporary legal custody (and I had physical custody during this period) but then I was granted full legal custody. Since then I have received no support whatsoever from the state or anyone else for the children. They have been my children in all aspects except biology. I have carried them on my health insurance at all jobs but have run into a problem with my current employer. They now tell me that I must have legal guardianship instead of legal custody in order to cover my children. The children's parents are drug addicts and I do not want them to know where we are in order to alleviate potential problems. They haven't seen, talked with or had any type of contact with either of the children since I obtained custody. Since I've had them for over 7 years, what can I do to obtain legal guardianship at this point? Please help! Thank you!! What is the name of your state (only U.S. law)?
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by jordan1870 View Post
    Alabama - I was awarded legal custody of my niece and nephew over 7 years ago. They were removed from my sister's home by DHR and I was awarded full legal custody. Initially DHR had temporary legal custody (and I had physical custody during this period) but then I was granted full legal custody. Since then I have received no support whatsoever from the state or anyone else for the children. They have been my children in all aspects except biology. I have carried them on my health insurance at all jobs but have run into a problem with my current employer. They now tell me that I must have legal guardianship instead of legal custody in order to cover my children. The children's parents are drug addicts and I do not want them to know where we are in order to alleviate potential problems. They haven't seen, talked with or had any type of contact with either of the children since I obtained custody. Since I've had them for over 7 years, what can I do to obtain legal guardianship at this point? Please help! Thank you!! What is the name of your state (only U.S. law)?
    You might ask your employer to research things again. The reason why I state that is because custody is actually a stronger position than guardianship in most instances, therefore it is not logical that someone with custody would try to reduce the strength of their position with the children by changing it to guardianship.
  3. #3
    TheGeekess is offline Senior Member
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    Quote Originally Posted by jordan1870 View Post
    Alabama - I was awarded legal custody of my niece and nephew over 7 years ago. They were removed from my sister's home by DHR and I was awarded full legal custody. Initially DHR had temporary legal custody (and I had physical custody during this period) but then I was granted full legal custody. Since then I have received no support whatsoever from the state or anyone else for the children. They have been my children in all aspects except biology. I have carried them on my health insurance at all jobs but have run into a problem with my current employer. They now tell me that I must have legal guardianship instead of legal custody in order to cover my children. The children's parents are drug addicts and I do not want them to know where we are in order to alleviate potential problems. They haven't seen, talked with or had any type of contact with either of the children since I obtained custody. Since I've had them for over 7 years, what can I do to obtain legal guardianship at this point? Please help! Thank you!! What is the name of your state (only U.S. law)?
    Have you filed for CS for these children? Your county DHR office should be able to help you with that. But you can't get blood out of a turnip.

    Link to Alabama Administrative Court site on Child Support:
    [url=http://www.alacourt.gov/ChildSupportInfo.aspx]Alabama Unified Judicial System -- judicial.alabama.gov[/url]

    DHR website on Child Support:
    [url]http://www.dhr.state.al.us/page.asp?pageid=288[/url]

    Schedule of Basic Child Support:
    [url=http://www.alacourt.gov/ChildSupportObligations.aspx]Alabama Unified Judicial System -- judicial.alabama.gov[/url]


    Find your paperwork where DHR had the court award you full physical and legal custody. (Because DHR can't take custody from parents; only a court can.)

    This is a link for DHR policies.
    [url=http://www.alabamaadministrativecode.state.al.us/docs/hres/index.html]ALABAMA DEPARTMENT OF HUMAN RESOURCES[/url]
    [url=http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/19865.htm]Table of Contents for 19865[/url]
    [url]http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/149435.htm[/url]

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