Tempoary Guardianship of Minor Child

[seekinghelpny]

What is the name of your state (only U.S. law)? New York
My sister and her husband have legal custody of our great neice whose mother is deceased and father is in jail until 2017. After 8 months of family therapy to try to integrate this child into her family, it has been determined that for the best interest of all children involved our great niece needs to be removed from the home. It seems that my great niece needs to be in a home without other children at least for the short term in order for her to work through her serious emotional issues. We have identified a person close to the family that is willing and suited to take care of the child. Can my sister grant temporary guardianship to this person so that the child can be moved quickly and we try it out first until we know it will work? It took 8 months for my sister to get custody then we found out it can't work. I would hate to go through the process of transferring full custody to find out it won't work out either.

 

[PQN]

cps

Is CPS involved?

 

[seekinghelpny]

No. I filed a petition in family court after my niece died for my sister to get custody. My sister got custody without cps or social services being involved.

 

[BL]

Who is recommending this living arrangement ,the therapist ?

While Temp. Legal Guardianship can be awarded to a fit adult , I as a relative would want to make darn sure that's what I'd want .

But why not just allow the child to stay with these people and still retain all legal rights ?

 

[seekinghelpny]

I agree with you but how would the person that has physical custody of the chilld enroll her in school? This person is in a different school district. I want to try it out before making any permanent change of custody but aren't there risks without having some sort of legal agreement between the parties?

 

[BL]

I agree with you but how would the person that has physical custody of the chilld enroll her in school? This person is in a different school district. I want to try it out before making any permanent change of custody but aren't there risks without having some sort of legal agreement between the parties?

Well Temp. Legal guardianship is just that . Any party to it can file to have it revoked .

And what if it doesn't work out or something happens while in their care and CPS becomes involved ? Foster care ?