venue for legal guardianship?

[smalltown2]

What is the name of your state (only U.S. law)? New York

I am actually the aunt but thought this forum was the closest.

My 16 y/o niece in Colorado would like to come live with us in New York. To enroll her in school we need to have legal guardianship. The court here seems unsure if we should be filing for this in New York, where we live, or Colorado, where she lives. It seems to me that New York is the proper venue, but feedback is appreciated.

 

[Antigone*]

What is the name of your state (only U.S. law)? New York

I am actually the aunt but thought this forum was the closest.

My 16 y/o niece in Colorado would like to come live with us in New York. To enroll her in school we need to have legal guardianship. The court here seems unsure if we should be filing for this in New York, where we live, or Colorado, where she lives. It seems to me that New York is the proper venue, but feedback is appreciated.

Where are mom and dad? Why isn't your niece with mom & dad?

 

[smalltown2]

Where are mom and dad? Why isn't your niece with mom & dad?

Oh sorry, that's an important part. Dad is out of the picture (not interested, not named on birth certificate) and Mom wants her to come live with us, for a more stable life. So we are all in agreement, it's simply a matter of venue.

 

[nikkiax]

I'm just a person on the site who is asking for advice, but in RI all I needed was a notarized letter stating I have legal guardianship for reasons other than attending school. I called DCYF and asked them and they told me that was all I needed. I am in the exact same situation - my nephew lives with me. Good luck, you're doing a great thing.

 

[smalltown2]

Thank you so much nikki. Our school told us we needed legal guardianship to enroll -- I don't know if this is accurate and find it slightly doubtful (I didn't have to do this 6 years ago with my stepdaughter, same school), but we probably have to go this route anyway to get her on our insurance.

 

[nikkiax]

You're very welcome, but just remember that I'm just some woman in RI, I don't know anything about law. Just know what happened in my situation.

 

[Silverplum]

Laws vary widely between states. What goes in RI does not apply to any other state.

 

[Silverplum]

Oh sorry, that's an important part. Dad is out of the picture (not interested, not named on birth certificate) and Mom wants her to come live with us, for a more stable life. So we are all in agreement, it's simply a matter of venue.

The state in which the child lives is the one that has jurisdiction over the child. Filing would be in the child's state.

 

[smalltown2]

The state in which the child lives is the one that has jurisdiction over the child. Filing would be in the child's state.

Is this discretionary? Because the page below indicates that the state does a home inspection of the guardians. Which would obviously not be possible if the inspectors are in Colorado. Also, she would be living here at the time of filing.

NY Family Law on Guardianship of a Minor | New York Guardianship Laws | Tracey A. Bloodsaw - Attorney at Law

 

[Silverplum]

COLORADO LAW:
http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/103

Every single thing, paperwork, and instructions.

Is this discretionary? Because the page below indicates that the state does a home inspection of the guardians. Which would obviously not be possible if the inspectors are in Colorado. Also, she would be living here at the time of filing.

NY Family Law on Guardianship of a Minor | New York Guardianship Laws | Tracey A. Bloodsaw - Attorney at Law

 

[BL]

Is this discretionary? Because the page below indicates that the state does a home inspection of the guardians. Which would obviously not be possible if the inspectors are in Colorado. Also, she would be living here at the time of filing.

NY Family Law on Guardianship of a Minor | New York Guardianship Laws | Tracey A. Bloodsaw - Attorney at Law

Yes ,but not a legal resident .

Some resources though .

http://www.mfy.org/facts_kinshipcare/Guardianship_inNewYork.pdf

If the parent(s) consent and given the fact the child has been left in the care , perhaps NY would grant it under these circumstances .

Not saying they would ,but perhaps .

Perhaps the easiest way is for both parties to go to the courthouse together in which ever State is necessary.