guardianship

[noobie]

What is the name of your state? LA

I have signed/notorized guardianship paper to take over guardianship of non-biological minor. What other things are needed legally or is this signed/notorized letter all that is needed? I have full rights for decision making for medical, educational, legal, residence and travel.

 

[LdiJ]

What is the name of your state? LA

I have signed/notorized guardianship paper to take over guardianship of non-biological minor. What other things are needed legally or is this signed/notorized letter all that is needed? I have full rights for decision making for medical, educational, legal, residence and travel.

That's only enough if you are prepared to hand the child back over to the parent whenever the parent wants. If you are not prepared to do that, then it needs to be done through the courts.

 

[noobie]

thanks ldij

My only other concern, does it need to be filed with the clerk of court?
The papers say guardianship not temporary guardianship. But understand what you are saying. I dont want to take away the parental rights, this is a joint agreement for the benefit of the minor. He is thriving and doing well in school and attitude toward family has greatly improved.

 

[LdiJ]

thanks ldij

My only other concern, does it need to be filed with the clerk of court?
The papers say guardianship not temporary guardianship. But understand what you are saying. I dont want to take away the parental rights, this is a joint agreement for the benefit of the minor. He is thriving and doing well in school and attitude toward family has greatly improved.

Again, if you want it to be enforceable, legally (in other words the parents can't take the child back without taking it to court) then file it with the clerk of court to get a hearing date. If you need legal guardianship for school or insurance purposes, then you would need to do it for that reason.

Otherwise, it isn't necessary.

 

[noobie]

your last post confused me a bit. So I will need to file with clerk of court where school is concerned or does the document I have that states I have decision making power over, education, religion, medical, travel, residence etc sufficient? filing with court would make it "legal" in such way that parents would have to got to court to have guardianship removed, is that what you are saying? Thanks again Ldij

 

[LdiJ]

your last post confused me a bit. So I will need to file with clerk of court where school is concerned or does the document I have that states I have decision making power over, education, religion, medical, travel, residence etc sufficient? filing with court would make it "legal" in such way that parents would have to got to court to have guardianship removed, is that what you are saying? Thanks again Ldij

Ok...many schools will consider your document totally acceptable for enrolling the child in school. Others may require it to be legally done, which means through the courts. It depends on your school system.

Yes, filing with the court would make it "legal" to the point where the parents would have to go back to court to end the guardianship.

 

[noobie]

I am not sure either of us really want to go through the court route. However, if we do can you give me a bit of how that would go if we decide to make it "LEGAL". what all it entails etc, I am not real savvy with how courts work in this instance..

The school system here didnt ask any questions at all when He was enrolled, just put my name as guardian...

 

[LdiJ]

I am not sure either of us really want to go through the court route. However, if we do can you give me a bit of how that would go if we decide to make it "LEGAL". what all it entails etc, I am not real savvy with how courts work in this instance..

The school system here didnt ask any questions at all when He was enrolled, just put my name as guardian...

Basically, you would file the agreement with the courts. The judge would assign a hearing date. You would both go to court and state that you agreed on the guardianship, and the judge would sign off on it.

However, if the parents are wise, they probably won't agree to do that. They won't want to have to take it back to court (and possibly have to fight you) if they change their mind.

Since you already have him enrolled in school...then you don't need it done through the courts for school purposes.

 

[BlondiePB]

What is the name of your state? LA

I have signed/notorized guardianship paper to take over guardianship of non-biological minor. What other things are needed legally or is this signed/notorized letter all that is needed? I have full rights for decision making for medical, educational, legal, residence and travel.

Due to the wording of this, I just have to ask to be sure here. Noobie, who issued you the guardianship paper?

 

[noobie]

The papers were done by a lawyer. They were completed and notorized. We both have a copy of them. We are just not sure how far legally we need to take this, as of right now, there have been no problems with the documents of guardianship. The minor has been with me most of yr, and had this done right before school started so that he could attend school in my area. This was a change to put him into a school that fits his accelerated learning abilities "IQ". I have to say that he has exceeded our expectations so far, and loves his new school. I am very proud of him.

 

[BlondiePB]

The papers were done by a lawyer. They were completed and notorized. We both have a copy of them. We are just not sure how far legally we need to take this, as of right now, there have been no problems with the documents of guardianship. The minor has been with me most of yr, and had this done right before school started so that he could attend school in my area. This was a change to put him into a school that fits his accelerated learning abilities "IQ". I have to say that he has exceeded our expectations so far, and loves his new school. I am very proud of him.

Sorry, but a lawyer cannot grant you guardianship. Only a court can grant one guardianship over a person. Therefore, do you have a court order granting you guardianship over this minor?

 

[noobie]

I know there are 3 levels to the guardianship, one is temporary guardianship, other is guardianship, and the third is one that courts set a LEGAL guardian where all parental rights are moved to the guardian, and to be removed as guardian the court has to re-instate the parents.. Right now I have guardianship. where I can see to medical, education, living, travel etc. This all was done for the benefit of the minor. WE, the parents and I, are not sure if want to take it to judge to remove their parental rights. At the end of the school term, May, he will be 17, and as such can make the decision where he chooses to live, in Louisiana. My primary question to start this thread was to find out if "WE" need to have a copy on file with the Clerk of court.

 

[BlondiePB]

I know there are 3 levels to the guardianship, one is temporary guardianship, other is guardianship, and the third is one that courts set a LEGAL guardian where all parental rights are moved to the guardian, and to be removed as guardian the court has to re-instate the parents.. Right now I have guardianship. where I can see to medical, education, living, travel etc. This all was done for the benefit of the minor. WE, the parents and I, are not sure if want to take it to judge to remove their parental rights. At the end of the school term, May, he will be 17, and as such can make the decision where he chooses to live, in Louisiana.

Why are you not answering a simple question? Do you have a court order granting you guardianship?

 

[noobie]

SORRY!!

the answer is NO, It thought you would have figured that out by reading the threads...

 

[BlondiePB]

SORRY!!

the answer is NO, It thought you would have figured that out by reading the threads...

Then you have absolutely NO legal authorization to anything with this child until you have that court order. As stated in my very first post, I noticed something "off" about this due to the wording and did not think LdiJ caught what was "off" with the wording.

That notarized paper is not LEGAL authorization for you to anything regarding this child. You MUST have a court order granting you guardianship over the minor.