Legal Guardianship of a Child

[ashley916]

If you want to count someone that gave birth then abandon their child and returning the child's christmas presents when we was around, then I guess yes he has a mother. Why do you think the father has full physical and legal custody? How about trying to answer the question objectively?

 

[OHRoadwarrior]

You can possibly be appointed standby guardian, not guardian as you wish.

 

[SESmama]

What do you think guardianship will give you that Dad does not already have the ability to do, and in turn, can allow you to do? Are you looking to terminate Mom's rights? If thatis your goal then you have very hard (and near impossible) road to sow.

 

[ashley916]

No I am not looking to terminate the mother's rights although the father again has full physical and legal custody. What if a situation arises where the father is in the hospital etc, things like that. That is what I'm referring to.

 

[AkersTile]

In that case, what you need is a Power of Attorney. It is simply an extension of Dad's rights enabling you to make the decisions if Dad is unavailable to make them for medical and educational purposes. You still would not be able to handle anything legally with kiddo, sign for kiddo to get married, or put him up for adoption, but you could take care of his basic and emergency needs if for some reason Dad couldn't.

 

[dannyt]

no

The mother is not in the child's life at all.

it doesnt matter. she is still mom and she has rights. you are noone legally to your future stepson(even after you and dad marry). if dad dies the child goes to mom. you will have no legal standing to get custody.and if you want to continue seeing him you will need to make nice with mom.

 

[dannyt]

back off

It's funny how everyone can make assumptions and no the mother is not in the child's life, she signed papers for the father to have full physical and legal custody. She has stolen from the child and abandoned him so yes I am the closest thing the child has to a mother.

you are dad's fiancee and current bedwarmer-not mom. if you overstep and try to replace mom in the child's life, you fiance could end up losing custody.just because she agreed to let dad have full custody doesnt mean shes giving up her rights.

 

[CSO286]

Latigo - thank you for the response without opinion. As stated in the OP, the father has full physical and legal custody. And the mother is not in the child's life at all. Did nobody read this in the original post?

I did and replied and asked questions.

Please answer them.

 

[ashley916]

It's amazing how rude some people are, this thread has turned into a bash fest when you don't even know the full situation. Try answering the question without throwing stones. I am trying to do this for the best interest of the child because the father has medical problems as these are his wishes too. He has full legal and physical custody and if ya'll would like to call a mother that abandoned her child a mother and abused him then fine. Pretty bad when the child doesn't even want anything to do with her and no, nobody put that in the kid's head he came up with that all on his own because he saw how "mommy" was. Nobody bashes anyone in this family even if it is deserved. And as for the bed warmer comment - sorry you don't have love in your life and you base relationships on that, you know it is possible for 2 people to truly love each other and want the best for the child. I on the other hand have a wonderful loving relationship and was trying to get some advice but I will no longer partake in this verbal abuse.

 

[Zigner]

It's amazing how rude some people are, this thread has turned into a bash fest when you don't even know the full situation. Try answering the question without throwing stones. I am trying to do this for the best interest of the child because the father has medical problems as these are his wishes too. He has full legal and physical custody and if ya'll would like to call a mother that abandoned her child a mother and abused him then fine. Pretty bad when the child doesn't even want anything to do with her and no, nobody put that in the kid's head he came up with that all on his own because he saw how "mommy" was. Nobody bashes anyone in this family even if it is deserved. And as for the bed warmer comment - sorry you don't have love in your life and you base relationships on that, you know it is possible for 2 people to truly love each other and want the best for the child. I on the other hand have a wonderful loving relationship and was trying to get some advice but I will no longer partake in this verbal abuse.

CSO asked:

Why are you worried about guadianship? Why do you feel you need guardianship over this child? How is it "the right thing"?

So, what do you think "guardianship" will accomplish? That is an important question because there are likely other avenues to pursue that would yield the same results...we just don't know what results you are looking for!

 

[CSO286]

It's amazing how rude some people are, this thread has turned into a bash fest when you don't even know the full situation. Try answering the question without throwing stones. I am trying to do this for the best interest of the child because the father has medical problems as these are his wishes too. He has full legal and physical custody and if ya'll would like to call a mother that abandoned her child a mother and abused him then fine. Pretty bad when the child doesn't even want anything to do with her and no, nobody put that in the kid's head he came up with that all on his own because he saw how "mommy" was. Nobody bashes anyone in this family even if it is deserved. And as for the bed warmer comment - sorry you don't have love in your life and you base relationships on that, you know it is possible for 2 people to truly love each other and want the best for the child. I on the other hand have a wonderful loving relationship and was trying to get some advice but I will no longer partake in this verbal abuse.

How would you becoming a legal guardian of this child benefit the child?

Why is this in the child's best interests?

What do you feel you can accomplish as a guardian that you cannot do as stepparent?

Why do you feel you need that additional authority?

 

[LdiJ]

If you want to count someone that gave birth then abandon their child and returning the child's christmas presents when we was around, then I guess yes he has a mother. Why do you think the father has full physical and legal custody? How about trying to answer the question objectively?

I have read the whole thread and I am now going to give you objective advice (and you have already received alot of objective advice)

A guardianship is suitable in a situation where NEITHER of the child's parents are available...ie deceased, disappeared or unfit.
A standby guardianship is a type of guardianship that ONLY kicks in if both of the child's parents are gone. (and is not solid unless no one else challenges it , other parent, grandparents, aunts/uncles etc.)
A stepparent adoption makes the child your child just as legally as if you had given birth to him, but that is only possible once you have demonstrated a long term, solid marriage and may require the permission of the child's mother.
A POA (Power of Attorney) allows you to act on dad's behalf if dad is incapacitated or not readily available to make a decision that needs to be made.

You need to start out with a POA. That would be more than sufficient to allow you to care for the child if dad is hospitalized or away from home for business etc.

Eventually, dad might wish to give you a standby guardianship, but he should talk to the child's extended family first, make sure there would be no challenging, and make sure that his state allows for standby guardianships.

 

[Ohiogal]

It's amazing how rude some people are, this thread has turned into a bash fest when you don't even know the full situation.

It's amazing how overstepping and ignorant some people are.

Try answering the question without throwing stones. I am trying to do this for the best interest of the child because the father has medical problems as these are his wishes too.

AND? The child has a mother. End of story. You are not that person.

He has full legal and physical custody and if ya'll would like to call a mother that abandoned her child a mother and abused him then fine.

She is the child's mother. She gave birth to the child and still has her rights and hence she is still the child's mother.

Pretty bad when the child doesn't even want anything to do with her and no, nobody put that in the kid's head he came up with that all on his own because he saw how "mommy" was. Nobody bashes anyone in this family even if it is deserved.

Yet you are not mom.

And as for the bed warmer comment - sorry you don't have love in your life and you base relationships on that, you know it is possible for 2 people to truly love each other and want the best for the child.

You miss the point -- the child has a mother. That mother has legal rights. YOU do NOT.

I on the other hand have a wonderful loving relationship and was trying to get some advice but I will no longer partake in this verbal abuse.

Well okay then.

 

[Zigner]

A POA (Power of Attorney) allows you to act on dad's behalf if dad is incapacitated or not readily available to make a decision that needs to be made.

You need to start out with a POA. That would be more than sufficient to allow you to care for the child if dad is hospitalized or away from home for business etc.

Just so that the OP has a clear picture about this - the POA confers whatever powers the grantor wishes it to confer (so long as not restricted by law.) The POA's that I created for my wife relating to my children allowed her to act in my place without being restricted based on my availability. That means that, even if I were to be standing right there, she had the authority to take action as allowed in the POA.

 

[Zigner]

Ashley - I have been in your situation. Why don't you wish to answer the question? If you can tell us what you are trying to accomplish by a "guardianship", then we can likely recommend more suitable options.