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temporary adoption

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J

jkkuhn

Guest
What is the name of your state? Texas
My mother and Father are separated, my sister wants to come live with me in NC I agree and so does everyone else, what needs to be done on my parents part to let her be legally in my gaurdianship? My Father is coming next week to bring her if everything works out. Do both parents have to sign papers or can one since they arent divorced yet?
 


P

Pfaffing85690

Guest
Since they are not divorced yet there is no legal custody issue. However, there WILL be. People are nasty about making issues where none existed before.

THEREFORE, to protect yourself AND your sister, consult with an attorney NOW to file for legal guardianship and have it submitted to the court with your mother and father as joiners in the petition.

It takes longer this way but will protect everyone involved.
 
J

jkkuhn

Guest
temporary custody

ok Thank you
BUT heres the thing
I live on a Marine Corp base where I get free legal assistance to an extent and tomorrow I am going in there to speak to a lawyer. I dont know what to tell them in order to get my sister to be able to live with me and go to school here as soon as possible b/c she is doing so poorly at home its just my dad and he works all day ect. Do i not mention the divorce since they are only seperated and just get my father to sign her over to me? or tell them he has legal custody since she just left them w/o a word?? I am just really confused
 
P

Pfaffing85690

Guest
You MUST have legal guardianship to have your sister with you on a military installation and to be able to enjoy the same rights as any other dependent.

Therefor, proceed as I told you. Do not leave out anything from the base legal officer.
 
R

Ramoth

Guest
You need to listen to Pfaffing. Have the legal officer help you file for legal guardianship, with BOTH parents joining the petition. If just Dad signs, then when Mom gets pissed she's going to file for custody. Plus, you need to have legal guardianship for your sister to join you on base.
 
J

jkkuhn

Guest
and to get legal custody both parents have to sign her over to me? Whats a petition?
and if both arent around how would it work?
I am just being so inquisitive b/c she will be here next week regaurdless to visit and thats a long drive to say sorry you have to go back home come back next week.
Do you ahver any idea about how long a process like this would take and can she be here and start school while its all taking its course if my father signs here in?
 
P

Pfaffing85690

Guest
You need to discuss these issues with either your base legal officer or an attorney in your local economy.

Yes, she can be there anyway. But NO, she cannot start school without you first being her legal guardian, either on or off base.

If mom isn't there then you will need to file for an emergency order of guardianship with Dad joining in the petition. And a petition is simply a demand that the court act on the subject of the petition (i.e. I petition the court to appoint me legal guardian of said minor).

I also doubt seriously that dad or you don't know the location of mom. Therefore, once you file the petition, she will be served and will have a certain amount of time to answer. If she agrees to the guardianship then she can join at that time or simply do nothing.

Either way, you need to have guardianship before you will be allowed to do anything with your sister, except offering her a place to crash.

P/S/ If dad signs her into school where you live he will be committing fraud. Not a great start in this scenario. Remember, the parent OR legal guardian must live in the school district where the minor child attends.
 
J

jkkuhn

Guest
ok!!
thank you very much for all your help
I guess I will see how this all works out....
thanks again
Krytan Kuhn
 
J

jkkuhn

Guest
by the way
Nice quote at the bottom
I like that.
I will keep you posted if you like
Krystan
 

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