This is a question concerning obtaining legal guardianship.  Is there a way that one can do this without having to go to court, etc.?  For example, when I got divorced from my first husband, we didn't go to court at all....we obtained papers, and both agreed to sign them, etc....and we didn't have to bring lawyers into the mix to do this.  I am wondering is there is such a way to do so with obtaining legal guardianship for my nephew.  It is also such a case that neither side is refusing to sign/etc...and I was wondering if there was a quick/simple/and inexpensive way to go about doing this?

This is a question concerning obtaining legal guardianship.  Is there a way that one can do this without having to go to court, etc.?  For example, when I got divorced from my first husband, we didn't go to court at all....we obtained papers, and both agreed to sign them, etc....and we didn't have to bring lawyers into the mix to do this.  I am wondering is there is such a way to do so with obtaining legal guardianship for my nephew.  It is also such a case that neither side is refusing to sign/etc...and I was wondering if there was a quick/simple/and inexpensive way to go about doing this?


As far as I'm aware, with Legal Guardianship you must go before a judge or somebody of a similar position and have a notary sign the paperwork. I think a lawyer needs to be involved but I don't think the process costs much more than a grand. $500 from each side maybe?

On a personal note about this.. hold on, I'll send you a P.M.

This page makes it sound like you could get away with an affadavit (sp?)

http://www.lsc-sf.org/problems/guardianship.html

You may want to call Legal Aid and ask them. What may be a way to go for one state may not be so in PA. You need to check out what you can do THERE.

I have told you before that I have a lot of respect for your caring for that little boy. I wish you all the best.




Cat

thanks for all of your advice guys, I think I might make a trip to the courthouse soon, and talk to someone about possible papers that I need to fill out etc...if I don't find out anything there...I will definitely check into some legal help. :)

I gather the others have answered your question.  My two cents, if there is even a remote possibility of another party contesting the guardianship, I'd want to go through the courts and dot all the I's and cross all the T's, legally speaking.  It's best to be on as secure legal grounds as possible, especially when it involves the security and continuity of a child's homelife, as royal a pain in the azz the courts may be.

Helping the child get a good start in life will help him throughout his entire life.  Take it from one who didn't get a good start!

I gather the others have answered your question.  My two cents, if there is even a remote possibility of another party contesting the guardianship, I'd want to go through the courts and dot all the I's and cross all the T's, legally speaking.  It's best to be on as secure legal grounds as possible, especially when it involves the security and continuity of a child's homelife, as royal a pain in the azz the courts may be.

Helping the child get a good start in life will help him throughout his entire life.  Take it from one who didn't get a good start!



thanks for the advice, Max! :)

This is a question concerning obtaining legal guardianship.  Is there a way that one can do this without having to go to court, etc.?  For example, when I got divorced from my first husband, we didn't go to court at all....we obtained papers, and both agreed to sign them, etc....and we didn't have to bring lawyers into the mix to do this.  I am wondering is there is such a way to do so with obtaining legal guardianship for my nephew.  It is also such a case that neither side is refusing to sign/etc...and I was wondering if there was a quick/simple/and inexpensive way to go about doing this?


Generally, Legal Guardianship can be done without a Judge, depending on the state.  But as far as I know, any Paralegal can help you draw up the forms.  I know that in California, that the forms just need to be notarized.  No court filing or judge intervention is required.

There are several forms as well.  Generally, the two most common ones are either "Permanent", or with a time limit.  I know that when I went to Alaska with my Aunt, my parents had one made up for a period of 3 months.

Generally, Legal Guardianship can be done without a Judge, depending on the state.  But as far as I know, any Paralegal can help you draw up the forms.  I know that in California, that the forms just need to be notarized.  No court filing or judge intervention is required.

There are several forms as well.  Generally, the two most common ones are either "Permanent", or with a time limit.  I know that when I went to Alaska with my Aunt, my parents had one made up for a period of 3 months.



thank you for taking the time to answer my questions..I will definitely look into that ASAP. :)

Ditto to most of the advice.  Courts have began much more wary of people just signing over guardianship of children, and rightfully so, but of course that doesn't mean they always do the right thing.  I would talk to a lawyer in your state, and if the parents reside in a different state it becomes a bigger issue. 

Erin, if you google (or just look in the phone book), there should be a service that offers FREE legal advice (usually called "legal aid").  You may have to call the welfare/public aid office, but you should be able to get it at little or no cost :)

Erin, if you google (or just look in the phone book), there should be a service that offers FREE legal advice (usually called "legal aid").  You may have to call the welfare/public aid office, but you should be able to get it at little or no cost :)



thanks Kim...I need to do this soon, as they usually start registration for kindergarten in the winter/early spring, and we'll need it for then. Thanks for the advice. :)