Obtaining guardianship of niece whose mother passed away unexpectedly

[Aunt_B]

What is the name of your state (only U.S. law)? California

My sister unexpectedly passed away yesterday. She had sole physical and legal custody of her 16 year old daughter and she has had no contact with her biological father. I'm trying to get some information regarding obtaining guardianship of her the easiest way possible without the father trying to lay claim. He is believed to be both on meth and possibly running from the law. I currently filled out a Care giver's Authorization Affidavit and am going to get that notarized. If I can somehow convince the father to sign a letter giving me custody of my niece will this make things easier? Or, since my sister had, (to the best of my knowledge), sole legal and physical custody, is the biological father a non-issue in this case? We live in California in Sacramento County. I have searched the guardianship guidelines with the Sacramento County courts but I can't see any information on what to do when the parent who had custody passes away and this is the part that is confusing me. Any guidance is greatly appreciated.

 

[OHRoadwarrior]

Normally by default the other parent gets custody. IMO having dad give you custody with no CS will likely fly best.

 

[BL]

What is the name of your state (only U.S. law)? California

My sister unexpectedly passed away yesterday. She had sole physical and legal custody of her 16 year old daughter and she has had no contact with her biological father. I'm trying to get some information regarding obtaining guardianship of her the easiest way possible without the father trying to lay claim. He is believed to be both on meth and possibly running from the law. I currently filled out a Care giver's Authorization Affidavit and am going to get that notarized. If I can somehow convince the father to sign a letter giving me custody of my niece will this make things easier? Or, since my sister had, (to the best of my knowledge), sole legal and physical custody, is the biological father a non-issue in this case? We live in California in Sacramento County. I have searched the guardianship guidelines with the Sacramento County courts but I can't see any information on what to do when the parent who had custody passes away and this is the part that is confusing me. Any guidance is greatly appreciated.

Are you able to get a copy of that order from your sister's belongings .

Either way you could try to go to the courthouse that ordered it and file with the clerks for temporary guardianship and explain the facts .

Does the father have visitation rights?

If so, the child would most likely go to him if not supervised.

 

[Aunt_B]

Are you able to get a copy of that order from your sister's belongings .

Either way you could try to go to the courthouse that ordered it and file with the clerks for temporary guardianship and explain the facts .

Does the father have visitation rights?

If so, the child would most likely go to him if not supervised.

We are going to go through her paperwork this evening to see if she kept a copy. My niece's school has a copy on file but will not give it to me. The father has no visitation that I know of, at least he doesn't see her and hasn't in over 13 years. I'm trying to make this as easy as possible on my niece; she's 16 and just lost her momma and is scared that her dad she hasn't seen since she was a toddler is going to try to take her from us. The information that I can find with my county's family courts are easy enough to understand, but they don't go into too much detail about if the custodial parent dies.

 

[stealth2]

My condolences, particularly to your niece. Memory Eternal.

However... Unless you can prove that Dad is a danger to your niece? He will likely prevail. Not necessarily - but it is very likely.

 

[CdwJava]

CPS will have access to documents and resources you do not have. Even if dad does not have visitation or custody, it is very likely that a record exists somewhere. And if mom had received any support at all from the state, the state would have tracked him down in order to get payment from him, so his whereabouts are likely known to them.

And if some sort of paperwork exists at the school, they WILL give it to CPS or the police, so you might want to make sure that the caseworker for your niece knows that the school may have some form of directive on file.

Where is your niece right now? With you? With CPS?

 

[Aunt_B]

CPS will have access to documents and resources you do not have. Even if dad does not have visitation or custody, it is very likely that a record exists somewhere. And if mom had received any support at all from the state, the state would have tracked him down in order to get payment from him, so his whereabouts are likely known to them.

And if some sort of paperwork exists at the school, they WILL give it to CPS or the police, so you might want to make sure that the caseworker for your niece knows that the school may have some form of directive on file.

Where is your niece right now? With you? With CPS?

My niece is with me and has been since her mom entered the hospital. My sister did actually receive benefits from the State and I have a copy of a notice that includes her case worker's name and number. I will start there and see where that takes me. Thanks to everyone for the information, never in a million years did I ever think I would have to seek out this type of information.

 

[Antigone*]

My niece is with me and has been since her mom entered the hospital. My sister did actually receive benefits from the State and I have a copy of a notice that includes her case worker's name and number. I will start there and see where that takes me. Thanks to everyone for the information, never in a million years did I ever think I would have to seek out this type of information.

God's grace and strength to your niece. My condolences to you all.

 

[wavehopper27]

I hope anyone whon reads this thread takes heed and has a legal document that clearly states their wishes in the event something happens to you. This young girl now faces the possibility of having to go live with a man she doesnt know adding futher heartache to an already tragic situation.

My condolences and sincerest hopes that you succeed in your quest to obtain guardianship.

 

[LdiJ]

My niece is with me and has been since her mom entered the hospital. My sister did actually receive benefits from the State and I have a copy of a notice that includes her case worker's name and number. I will start there and see where that takes me. Thanks to everyone for the information, never in a million years did I ever think I would have to seek out this type of information.

I really think that you should get a quick consult with a local attorney. I am disagreeing a bit with the general tone of the advice that you have been given so far.

The fact that the child has not seen her father for 13 years is quite a significant factor in the whole thing. Although normally a child's other parent would virtually automatically get custody of the child if the other parent died, there are circumstances (this being one of them) where the odds absolutely are not in favor of the parent.

I am thinking that you just need to file for guardianship, and serve the child's father either at his address (if you can locate him) or by publication if he cannot be found. If he contests the guardianship then you fight the battle based on the best interest of the child and the fact that the child is a total stranger to him. The child's wishes will likely factor into the mix as well, simply due to her age and the overall circumstances.

 

[stealth2]

I hope anyone whon reads this thread takes heed and has a legal document that clearly states their wishes in the event something happens to you. This young girl now faces the possibility of having to go live with a man she doesnt know adding futher heartache to an already tragic situation.

My condolences and sincerest hopes that you succeed in your quest to obtain guardianship.

But remember... One cannot will children like a car or furniture. The biological parent will usually stand a better chance than any other third party.

 

[Proserpina]

I really think that you should get a quick consult with a local attorney. I am disagreeing a bit with the general tone of the advice that you have been given so far.

The fact that the child has not seen her father for 13 years is quite a significant factor in the whole thing. Although normally a child's other parent would virtually automatically get custody of the child if the other parent died, there are circumstances (this being one of them) where the odds absolutely are not in favor of the parent.

I am thinking that you just need to file for guardianship, and serve the child's father either at his address (if you can locate him) or by publication if he cannot be found. If he contests the guardianship then you fight the battle based on the best interest of the child and the fact that the child is a total stranger to him. The child's wishes will likely factor into the mix as well, simply due to her age and the overall circumstances.

I'm in complete agreement, L. There is, I believe, a better-than-good chance that the court will find that it is not in the child's best interest to be placed with an absolute stranger (biology honestly is moot at this point) and ripped from everyone and everything she knows.

 

[Proserpina]

But remember... One cannot will children like a car or furniture. The biological parent will usually stand a better chance than any other third party.

I'd ordinarily agree with this (surprise, surprise ). But in these particular circumstances, I can see the court ruling against the other parent.

OP, my condolences to you, your niece and the whole family. It's a terrifically difficult situation.

 

[Proserpina]

Afterthought:

I know you can't legally do anything in terms of signing her up for grief counseling or therapy, but there are some great internet groups aimed at teens and young adults who lose a parent.

And take time for your own mourning. These things don't have a time-table and they don't follow any one set of rules. The "grief monster" can and will strike at the most inconvenient and unexpected times every so often. So you've got to take care of yourself, too. You're both obviously going to be very raw right now and seeking support is likely the last thing on your mind right at this moment. But, if and when you want to, there's help out there.

Again, my deepest condolences to all of you.

 

[stealth2]

I'd ordinarily agree with this (surprise, surprise ). But in these particular circumstances, I can see the court ruling against the other parent.

Was speaking in a more global situation, in response to grasshopper's post.