How do I get temporary custody of my grandchildren while their parents are incarcerated?

03/02/2009 - Category:Divorce - Child Custody - State: CA #15416

Full Question:

I have a daughter-in-law who is going to spend some time in jail. Her husband is currently doing time in California. My question is. My daughter-in-law would like to give temporary custody of the two children to me. How do we do this?

Answer:

You can make a private agreement with the child's parents to provide care for the child, such as a Power of Attorney for Child Care and Custody. A power of attorney can be made showing that you have "custody" of the child with the parents' consent. Such a document is used when the custody is only for a temporary period of time. Normally it is also beneficial to secure a medical release for emergencies, especially if a parent is not readily available. The parents may revoke this type of agreement at any time.

The California Family Code also allows a person who is related to a child to fill out a Caregiver's Authorization Affidavit. The affidavit normally allows that person, as a caregiver, to enroll the child in school and secure medical treatment for the child.

Guardianship is filed to appoint someone other than a parent to care for a minor and to make day-to-day decisions concerning the child's well-being and property. The person appointed by the court is called the guardian, and assumes legal responsibility for the child.

When the court chooses you as a guardian of the person, this means you:

For further discussion, please see:

http://www.courtinfo.ca.gov/programs/cfcc/pdffiles/guardminor.pdf
http://www.sdcourt.ca.gov/portal/page?_pageid=55,1530270&_dad=portal&_schema=PORTAL


Please see the information at the following links:

http://definitions.uslegal.com/c/child-custody-and-support/
http://definitions.uslegal.com/p/power-of-attorney/
http://definitions.uslegal.com/s/standby-guardian/

Please see the forms at the following links:

http://www.uslegalforms.com/ca/CA-P007.htm
http://www.uslegalforms.com/ca/CA-P008B.htm

03/02/2009 - Category: Child Custody - State: CA #15416

See more Questions in the Child Custody Category