I live in Pennsylvania and will be getting married soon. My fiance has an 11 year old son and I am wondering about legal guardianship. He currently has full legal & physical custody of his son. How would I go about obtaining legal guardianship and what rights does a legal guardian have over a child? Does the biological mother get informed that someone is applying for legal guardianship? I feel it's the right thing to do as I will be getting married and currently live with them and I want the best for the child.
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Legal Guardianship of a Child
- Thread starter ashley916
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sandyclaus
Senior Member
Legal guardianship, I believe, is only necessary in the event that there the parents are not there to care for the child. As the child's father is still actively in the child's life, and the mother also (it appears), then there is no practical reason to even try to get guardianship of the child, as it's just not necessary.
Depending on the current court orders regarding the child (i.e. custody), and who actually has legal custody of the child (as in, the right to make legal decisions on behalf of the child), those persons would have to agree to guardianship if the request were made. If the mother either has or shares legal custody of the child, of course she would be informed about any possible actions regarding a request for guardianship.
At this point, you are a legal stranger to this child. You should REMAIN a legal stranger unless and until it becomes otherwise necessary. Until then, you shouldn't need to apply for guardianship, as presumably, your fiance should be the only one legally responsible for his own child.
Ohiogal
Queen Bee
The word is MOTHER -- not biological mother. Just because you are marrying dad doesn't mean you acquire any rights nor does it mean you are entitled to any rights. The child has a mother who has a right to fight you. If you overstep too much, expect mom -- if she so desires -- to go to court to get an order to limit your involvement with the child. If you want what is best for the child, encourage his relationship with his mother and consistently remind him that you are NOT his mother.
Why are you worried about guardianship? Why do you feel you need guardianship over this child? How is it "the right thing"?
(Hint: I recently married and MrCSO doesn't have nor does he need guardianship over LittleCSO in order to pick her up from school or take her to the doctor.)
And, yes, the child's mother would have to be served and have every right to contest the appointentment of a guardian over her child.
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The child already has a mother and a father. The best thing for you to do is to learn your place as a step parent.
OHRoadwarrior
Senior Member
What is the right thing to do and what is best for the child, is for you to relax and find your place in this situation naturally. Many times, things fall into place and you assume a role which everyone is comfortable with. Don't rush it.
wavehopper27
Member
If this is the case, backoff and let mom and dad raise their child.
You seem to have a talent for ferreting out the obvious.
But other than the commonly understood inherent rights of parenthood, what is not so obvious is where you came up with this business of “depending upon existing court orders, those persons would have to agree to guardianship if the request is made” and here, “the mother would be entitle to notice of the request ONLY if she has or shares legal custody”?
Where in Pennsylvania ‘s Consolidate Statues might one look to learn these things?
You suggest to the OP that she could obtain “legal guardianship” only if it becomes “necessary”.
So, what do these Pennsylvania statutes have to say about when it is necessary and not necessary? What are the criteria under Pennsylvania law?
Can you direct our attention to any Chapter of any Title of those statutes that exclusively addresses the guardianship of minor children - other that “Standby Guardianships”? The latter of which can be granted by a custodial parent for a limited term and when specific conditions exist and without immediate court sanctioning.
All of your embellished verbosity doesn’t appear to cloud the fact that your “personal beliefs” are based on nothing but conjecture.
Silverplum
Senior Member
http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.056.011.000..HTM
§ 5611. Designation.
(a) General rule.--A custodial parent, a legal custodian or legal guardian may designate a standby guardian by means of a written designation unless the minor has another parent or adoptive parent:
(1) whose parental rights have not been terminated or relinquished;
(2) whose whereabouts are known; and
(3) who is willing and able to make and carry out the day-to-day child-care decisions concerning the minor.
(b) Exception where other parent consents.--Notwithstanding subsection (a), a parent, legal custodian or legal guardian may designate a standby guardian with the consent of the other parent.
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I don't see where Sandy was wrong in this thread. The poster wants to be granted guardianship but two parents exist.
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