How do I get temporary custody of my grandchildren while their parents are incarcerated?
Full Question:
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.pdfhttp://www.sdcourt.ca.gov/portal/page?_pageid=55,1530270&_dad=portal&_schema=PORTAL