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Guardianship/custody question

Moms View Message Board: General Discussion Archive: Archive November 2005: Guardianship/custody question
By Kolbysmom on Thursday, November 3, 2005 - 08:15 am:

My stepchildren are going to be moving in with us on Jan. 1st and starting a new school.

Here is some background info: Both kids, for the past 5 years have been living with mutual friends of DH and his ex. It's an odd situation. It was for religous reasons. This couple has guardianship over both kids.

Ok. My step son is actually my DH's stepson. He's not his biological father. Although, he had raised him since he was a few months old.

My question, since they'll be starting a new school, how would this work? Would we even be able to enroll him?

Another question: Since this couple has legal guardianship, would they be able to simply sign over guardianship of both kids to us? Or how would we go about doing what we need to do??

I've been researching online, but it's hard to find something that fits this particular issue.

Thanks in advance.

By Colette on Thursday, November 3, 2005 - 09:16 am:

As far as the school goes, just call your school district and they will explain what they need to enroll the kids. You can enroll at any time, they will need prior school records and vaccination records.

As far as guardianship goes, I'd call a lawyer.

By Ginny~moderator on Thursday, November 3, 2005 - 09:22 am:

You definitely need a lawyer, with non-parent guardians in place and wanting to transfer guardianship to stepfather and stepfather's new wife. If this is intended to be a permanent change of custody, you definitely want something very, very legal so as to prevent potential future interference. This may well require a court approval.

Yikes, what complications.

By Kolbysmom on Thursday, November 3, 2005 - 09:35 am:

Thanks Colette and Ginny.

Here's something I didn't think of:

In their divorce decree, it states that he and his ex wife have joint custody over both kids. Does this come into play?

I'm very worried if this has to go to court. I'm sure his mother will have a lot to say. Although, I very highly doubt any judge in his right mind would allow DSS to live with her.

By Vicki on Thursday, November 3, 2005 - 09:49 am:

I think you need a lawyer too. If nothing else, you need something stating you have legal guardianship over the kids for health things. I would think that you would need some kind of papers for the school too. I wouldn't think just anyone could enroll kids. What if an emergency came up and medical decisions needed to be made? This is not something that I would take anyone but an lawyers word on.

By Kim on Thursday, November 3, 2005 - 05:06 pm:

If the children have the same last name the schools may not ask any questions. However, I am not suggesting you do not get a legal document of guardianship. I got guardianship of my stepdaughter in IL but in my case her father was physically abusive and I had raised her from the age of one. She also wanted to stay with me. It was an emergency situation.

Why would the mother have something to say if she is not raising them now? Try legal services, they usually have a sliding fee scale.

By Vicki on Thursday, November 3, 2005 - 05:50 pm:

The papers that I have to fill out every year at the beginning of school asks if I am the legal guardian. There are also medical forms we have to fill out that ask the same thing in case there were to be a emergency at school.


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