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Invalid mother and needing parental signature

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Gum_Drop

Member
What is the name of your state? Louisiana

Hello, and thank you for taking the time to read this and i hope that someone will be able to help.

My sister is bedridden and dying. Her husband has suffered 3 heart attacks and currently suffering with blocked arteries. Both are in the hospital weekly. Honestly they both need to be in nursing homes, but they want to die at home.

My 16 yr old neice and her 2 mth old daughter have just came to live with me, as the last time that her father was hospitalized, OCS (child protection in LA) made the threat that they would be placed in foster care. I left my home immediatly and went to get them.

Now my sister and her father both agree that they, my neice and her daughter, are better off staying with me.

The problem we are running into, is that the notarized paper of my sister giving me custody, is not sufficent for legal matters. We can not afford an attorney, nor could my sister make a court apperence, she is deformed with Crippling RA, and can only be transported via an ambulance.

At the DMV the lady there said that me neice would need to be emanciapated in order to get a drivers license. we also ran into this problem trying to get her enrolled in a GED program.

How can i go about getting her emanciapated, or be given custody of her, with out her mother being able to appear in court granting permission, as well as not having the finances to attain a lawyer. ( her father was never listed on the birth certificate, so he cant sign anything)

Again thank you in advance for any help you can provide on this.

Elsie
 
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seniorjudge

Senior Member
elsieshup said:
What is the name of your state? Louisiana

Hello, and thank you for taking the time to read this and i hope that someone will be able to help.

My sister is bedridden and dying. Her husband has suffered 3 heart attacks and currently suffering with blocked arteries. Both are in the hospital weekly. Honestly they both need to be in nursing homes, but they want to die at home.

My 16 yr old neice and her 2 mth old daughter have just came to live with me, as the last time that her father was hospitalized, OCS (child protection in LA) made the threat that they would be placed in foster care. I left my home immediatly and went to get them.

Now my sister and her father both agree that they, my neice and her daughter, are better off staying with me.

The problem we are running into, is that the notarized paper of my sister giving me custody, is not sufficent for legal matters. We can not afford an attorney, nor could my sister make a court apperence, she is deformed with Crippling RA, and can only be transported via an ambulance.

At the DMV the lady there said that me neice would need to be emanciapated in order to get a drivers license. we also ran into this problem trying to get her enrolled in a GED program.

How can i go about getting her emanciapated, or be given custody of her, with out her mother being able to appear in court granting permission, as well as not having the finances to attain a lawyer. ( her father was never listed on the birth certificate, so he cant sign anything)

Again thank you in advance for any help you can provide on this.

Elsie

http://www.bostoncoop.net/lcd/emancipation/louisiana.html

You need to go searching around for a lawyer who will do this pro bono (free) or at a low cost.
 

Gum_Drop

Member
Yea the more research i have done on emancipation, it wont work, as she will not be self suffcient, as she will be living with me and I will be tending to her financial needs.

I just need to be able to help her get a drivers license, GED, and a bank account as she is eligable for SSI (she is Bi-Polar. which is why she doesnt want to be completely alone with the baby)
 

seniorjudge

Senior Member
elsieshup said:
Yea the more research i have done on emancipation, it wont work, as she will not be self suffcient, as she will be living with me and I will be tending to her financial needs.

I just need to be able to help her get a drivers license, GED, and a bank account as she is eligable for SSI (she is Bi-Polar. which is why she doesnt want to be completely alone with the baby)
Where is daddy? How come he's not supporting the baby?

You need to have a guardianship/conservatorship set up for her.
 

rmet4nzkx

Senior Member
Call the court's ADA coordinator and request ADA accommodations for your sister so the court can accommodate her disability, hearings can he handled by telephone if she cannot travel.

Both parents should apply for social security disability and daughter would be eligible for dependent benefits.

Petition the court to appoint GAL for niece and you apply to be guardian.
 

Gum_Drop

Member
seniorjudge said:
Where is daddy? How come he's not supporting the baby?

You need to have a guardianship/conservatorship set up for her.

The father is in jail, he is 22 my neice is 16. Her parents with their health issues had/have no control over their kids. The kids pretty much do/did what they wanted. He gets out of jail on the 22nd of April, and that will be a whole new issue i will have to deal with. My neice and he have stayed in contact via mail, and she has visited him and brought the baby to see him.
They swear they are in love.. ( youngins) I have not really decided what i am going to do. On one hand I know the more i fight it the more their love will be appealing, and i am thinking if i let nature take its course he will get out of the picture soon after his release on his own. I was thinking about allowing them to continue to "see" each other, but he will NOT live with me. I will allow him to my home to visit with his child as I dont think it is fair or right to try to with hold his child from him. But there will be Strict guidelines, in that he must get a job, no hanky panky in my home, and he must provide some kind of support for the baby, even if its only buying pampers each week. (as I said he wont be living with me, and I know minimum wage isnt much when you have to pay bills) This is just what i have come up with in talking with my husband. And going from my own experience as a teen, the more my parents said stay away from that boy, the more appealing he was...

This is all new to me. I am 34, and my children are 10, 2 and 1. So even though this is a law advice forumn, i would appreciate any input, as i have seen from some of the posts I have read that you guys as a group are a pretty knowledgable bunch, and could offer advice on how to approach and handle this situation. As I do not want to allinate her, as we do have a very close relationship. I want to help her become a wonderful mother and provide all the love, guidence and support she will need to become a productive adult and to raise her daughter.

How do I go about getting guardianship/conservatorship? Is that something that can be done without attorneys? If not do you know if it expensive or not?

If the next question is why is he not being prosecuted for statory rape, neither my neice or her parents would press charges, He was arrested on an annoy. tip called in about the situation, and was held for non payment of child support for another child that he had abandoned.
 
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Gum_Drop

Member
rmet4nzkx said:
Call the court's ADA coordinator and request ADA accommodations for your sister so the court can accommodate her disability, hearings can he handled by telephone if she cannot travel.

Both parents should apply for social security disability and daughter would be eligible for dependent benefits.

Petition the court to appoint GAL for niece and you apply to be guardian.
What is a court ADA coordinator?

Both her parents are on SSI, and as i said my neice is bi-polar so she also receives SSI on her own. Which if we can get her checks, she needs a bank account, for which she needs the ID, we have already discussed that she can use that money for clothing for her and the baby, and personal needs, but she can not use the money to spend on frivolous things, IE cell phones, video games, and music CD's.

I am not sure if she is allowed to save SSI money, i get conflicting answers to that. If she can I have spoke with her about saving the money and her buying a used mobile home, that she can put on my property, ( i have 4 acres) so that she and the baby will never have to worry about a home of their own.

Elsie
 
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rmet4nzkx

Senior Member
Take your niece down to apply for state aid, they will assist with the paperwork and pursue paternity and child support form dad, that will put a kinck in his plans.
 

Gum_Drop

Member
rmet4nzkx said:
Take your niece down to apply for state aid, they will assist with the paperwork and pursue paternity and child support form dad, that will put a kinck in his plans.

With the new law of only 1 year of financial help for a lifetime, I dont want her to apply for that now since i am able to help her. I want her to use that as a last resort. And only if she has too.

The baby does have medicaid I was able to have her apply for that. And i made her offer up his name and social. So that they could pursue him.


**** sorry for editing every post. I have severe typonese, and sorry for any spelling mistakes.
 
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rmet4nzkx

Senior Member
DO YOU UNDERSTAND ENGLISH?

Call the court and ask for the ADA coordinator and ask for ADA accommodations for your sister, they will help her so the legal matters can be managed.

Your niece needs to apply for paternity and child support, there is no 1 year limit for that!:rolleyes: or for WIC.
 

Gum_Drop

Member
yes i understand english no need to get rude.

I also asked what was a ADA coordinator was. I have never needed any law advice and I dont know what that means.

And i misunderstood thought you meant for her to go apply for welfare.
 

seniorjudge

Senior Member
rmet4nzkx said:
DO YOU UNDERSTAND ENGLISH?

Call the court and ask for the ADA coordinator and ask for ADA accommodations for your sister, they will help her so the legal matters can be managed.

Your niece needs to apply for paternity and child support, there is no 1 year limit for that!:rolleyes: or for WIC.
ADA = Americans for Democratic Action (Hubert Humphrey used to be president of that organization).


or


maybe it is Americans with Disabilities Act....
 

Just Blue

Senior Member
seniorjudge said:
ADA = Americans for Democratic Action (Hubert Humphrey used to be president of that organization).


or


maybe it is Americans with Disabilities Act....


The later....;)
 

rmet4nzkx

Senior Member
elsieshup said:
yes i understand english no need to get rude.

I also asked what was a ADA coordinator was. I have never needed any law advice and I dont know what that means.

And i misunderstood thought you meant for her to go apply for welfare.
I explained it already, call the court in the morning and ask for the ADA coordinator and explain your sister is bedridden and you need to establish guardianship and she is unable to come to court and need to be able to use the noterized waiver or have a telephonic hearing. Then your niece still needs to eastablish paternity for her child and apply for child support, and enrolled in school again. I am not RUDE you are rude by ignoring what I am saying.
 

Gum_Drop

Member
I wasnt ignoring you i just didnt understand.

Thank you for your help.

one more question.

Would I need to call the court in the parish (county) i reside in, the one my sisters resides in, or the one where the hospital is located?
 

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