- Different Types of Car Insurance
- What Is Cyptojacking?
- What Is Email Security?
- What Is the Deep Web and What Can Be Found There?
- What Happens When You Declare Bankruptcy
- How Divorce Settlements are Calculated
- What are Common Methods of Social Engineering
- What is the Difference Between a General Lien and a Specific Lien?
- How to Detect Odometer Rollback
- Different Types of Probation
- Finding forgotten life insurance policies
- What is Bearer Bond and Why the US Banned it
- Everything you need to know about small claims court
- Moral Turpitude: Definition, Examples, and Much More!
- Misdemeanor vs Felony
- How To Read VIN Number
- How to Find Out Who Hacked Your Cell Phone
- How Long Does a Misdemeanor Stay On Your Criminal Record?
- The Paypal Phishing Scam You Should Care to Avoid
- License Plates Types: USA Guide
- Effects of Cyberbullying: Complete Guide for Parents
- What is the DPPA?
- Petty Theft: Definition and Consequences
- What is a Life Sentence?
- How to Find Out if Someone Has a Warrant?
- Marriage License vs Certificate: Everything You Need to Know
- The Ten Most Popular Celebrity Mugshots
- How to Find Out if Someone is Married?
- How to Stop Phone Spoofing?
- How To Avoid Probate
- Dealing with abandoned vehicles in your neighborhood
- How to Find Someone's Cell Phone Number by Their Name
- Who Are the Worst Drivers in America?
- How To Find Unclaimed Money From Deceased Relatives
- What is a Digital License Plate?
- How to Find out if Someone Died?
- Murder vs Manslaughter: The Differences and Definitions
- How to Hire a Private Investigator?
- What Is a Number Neighbor?
- How to Find Out if Someone was Arrested
- How to Find Someone's Birthday?
- What is a Car Title
- How to Obtain a Police Report and Court Records?
- Filing a false police report
- Prison Valley: Look inside Prison Town
- How to Get Custody of a Child Without Going to Court?
- How to Find Someone’s Social Media Profiles?
- What to Do if Your Phone Is Tapped?
- What Is a Deed in Real Estate?
- Where Was The First US Federal Penitentiary Established?
- How to Find Someone's Location Using Their Cell Phone Number?
- What Is a Restricted Call?
- Who is the Most Dangerous Prisoner in the World?
- Poshmark Scams: How to Prevent and Report Them
- How to Find a Missing Person?
- How to Send Money to a Federal Inmate?
- DUI vs DWI: What're The Differences
- How Long After Buying a Car Do You Need to Register it?
- How to Find out Where Someone Lives?
- What Happens If You Get Caught Driving a Car Without Interlock
- Situational Crime Prevention: Theory, Techniques and Examples
- How Can I Find Out Who Called Me for Free?
- Gun Free Zone Statistics and Facts
- Online Threats and Digital Security: Trends, Types and Most Common Examples
- Cold Cases: Best Practices For Police Officers and Investigators
- Court Order: Definition, Types and Examples
- What Does a Fingerprint Background Report Show?
- How to Check Your Criminal Record?
- What is Tort Law?
- How to Calculate Child Support
- Property Rights: Definition, and Characteristics
- 12 Common Reasons for Public Records Request
- What is Antitrust Law?
- Virginia Gun Confiscation Law
- How Do You Find Out Who Own a Property?
- Neighborhood Watch Program
- How to Perform a Mugshot Search?
- Crime Mapping
- Safest Colleges in Florida
- Veterans Guide to Cars and Driving
- U.S. Correctional System: Structure, Incarceration and Facts
- License Plate Laws in the US
- How to Locate Inmates and Access Jail Records?
- Email Hacking: Laws, Penalties and Protection
- Romeo and Juliet Laws
- Holiday Safety for Home and Family
- Differences between Criminal and Arrest Records
- Public Records and Property History: What is Public Information and What Isn’t
- How to Look up Immigration Inmates?
- Famous Prisons in the USA
- How to Find Out Who Owns a Vehicle Using Reverse Lookup Tools
- How to Search for Your Family Tree?
- The Federal Judicial Center
- Mass Incarceration in the USA
- What is COPPA (Children's Online Privacy Protection Act)?
- Data Safety After The Capital One Breach
- Scholarships Guide for Students
- Complete Guide to Student Safety
- What Is a Vehicle Identification Number?
- Determining Divorce: 5 Types of Divorce You Must Know
- Sex Offenders: Complete Guide to be Protected
- New Privacy Laws and Public Records
- Motor Vehicle Registration in the US
- Digital Token Age: Security Laws and Regulations
- Copyright Law and Facial Recognition Technology
- What Shows up in a Background Report
- Car Repossession Laws: Dealing with Car Dealers and Auto Fraud
- How to Protect Yourself from Phone Scams
- Human Rights in the Prison
- Business Competition: Laws and Policies
- Hate Crimes: Reasons, Stats and Facts
- Starting a Business and Business Licenses
- General Data Protection Regulation (GDPR) Guidance
- Criminal Justice Reform
- Tax Reform Impact and Changes To Know
- Self-Driving Cars: Laws and Regulations
- White-Collar Crime: Statistics and Facts
- Have You Been Arrested? Cases You'll Need a Lawyer
- Getting a driver's license in the US: What to Know
- Car Theft in the US: Prevention and Facts
- Identity Theft Passport Program
- Changing your Name after Marriage: What You Need to Know
- Finding the Perfect Roommate: Dos and Donts
- What if You Get Into a Car Accident? A Complete Checklist
- Property Crimes: How to Burglar Proof Your Home
- Consumer Laws in the US: What Do They Mean for a Customer and a Business Owner
- Child Trafficking: The Scope, Understanding, and Prevention
- Business Assets: A Guide to the Financial Health of your Business
- Guide To The College Application: How, When and Where to Apply
- Which States Have “Stand Your Ground” Laws?
- Adolescent Depression Symptoms and Causes
- Things to Know About the U.S. State Department Travel Advisory System
- Inheritance in the US: With & Without a Will
- Online Dating Safety Guide for Men and Women
- Sexual Abuse in the U.S.: Laws and Statistics
- Supporting Children After Divorce: Child Custody Options
- Halloween Horrors Come to Life: Holidays Crimes in the U.S.
- Charity Scams in the U.S.: Be Aware and Protected
- Webcam Hacking & Spying in the US
- Sex Offender Search
- Freedom of Religion in the U.S.
- Senior Financial Scams: How are the Elderly Targeted and How to Avoid It
- Catcalling: Is it illegal? How to Deal With It
- A Complete Guide To Insurance Fraud: Common Types and Prevention
- Sextortion: What to Do if You Became a Victim of Blackmailing
- Concealed Carry: How to Protect Yourself on Campus
- Debt Collection Laws | Fair Debt Collection Act: What You Need To Know
- How Much Is My House Worth? Ultimate Guide to Home Buying and Selling
- What are the Traits of a Sociopath?
- Do You Know Who Your Neighbors Are?
- Learn How to Find Your Birth Parents
- The Importance of Public Records in Law
- Do You Know What's the Difference Between Jail and Prison?
- Homeowner’s Insurance, Is it a Public Record?
- The Disturbing Facts of Gun Violence in America
- How to Use Public Records in Marketing
- Best & Worst Cities for Driving
- LGBT Bullying
- What You Need to Know When Buying or Selling a Used Car?
- School Safety and Security Standards
- Making Your DMV Experience Fast And Easy
- How to Prepare For an Active Shooter Incident
- How to Report a Crime?
- How to Protect Yourself Against Cyber Attacks
- 50 Things to Know When Filing for Divorce
- What to Do When You Are Stopped By the Police
- Tips for Back-to-School Safety and Security
- Guide to Filing for Bankruptcy
- How to Appeal the Court's Decision
- A User's Guide to Warrants
- How to Fight a Traffic Ticket?
- Keeping Your Neighborhood Safe For Your Family
- A Parent's Guide to Keeping Your Child Drug-Free
How to Get Custody of a Child Without Going to Court?
Custody of another person’s child or children is a significant responsibility. In situations where parents are incapacitated, most states have rules that give priority to close family members like grandparents and familiar aunts and uncles, also called kinship car e.
Custody and guardianship can be very different things: custody is physical care while guardianship is responsibility for the child’s long-term maintenance and accepting liability for the child’s actions. If the child’s parents are alive and their parental rights have not been terminated they may be part of the child custody arrangement. A different sort of guardian is called a guardian ad litem. This person is appointed by the court to watch over a minor child during the process and ensuring that their best interests are served.
Courts are usually involved to assign permanent responsibility when weighing child custody options, taking into account things like child support, suitability of the caregiver, and needs of the child involved. But parents who can anticipate a situation where they will not be able to tend to the needs of a minor child may legally set up a custody arrangement without court involvement.
Aspects of guardianship to consider before agreeing to such an arrangement include:
- the best interests of the child;
- how child support is arranged;
- whether the child can maintain close ties to siblings and continue in their current school or activities with established friends, and
- access to necessary medical and psychological care.
How to Obtain Guardianship
In most instances, state agencies charged with protecting children (sometimes called the Department of Youth Services or the Department of Family Services) are required to seek out family members to place children with if their parents are not capable or available to raise them. Parents may also voluntarily surrender custody of a child for adoption. If children are taken into state custody, it is possible to become a guardian by volunteering for it through the agency. There is likely an interview with a case worker, evaluation of your home and review of your income to ensure each are appropriate for raising a child, and ongoing involvement by the state agency to ensure the child is well cared for.
Circumstances when guardianship may be appropriate:
- when a parent has a terminal illness;
- when the custodial parent is deployed with the military;
- when a parent intends to be hospitalized for a period of time such as rehabilitation, or
- when the custodial parent is incarcerated.
How to Get Legal Guardianship of a Child Without Going to Court
Parents who recognize that they are unable (or will soon be unable) to care for a minor child may appoint a guardian to take care of the child. This is done with the consent of the individual being named guardian. Such a guardianship takes effect when the child’s parent or parents die or become unable to care for the child. While the guardianship may commence immediately, the position is not legally established until the guardian files certain paperwork in court (generally the probate or family court):
• the parent’s signed document naming the individual as guardian;
• a document formally accepting the position of guardian, and
• a legal form requesting guardianship of the child.
Custody and Guardianship Issues
It is possible for the parents of a child to protest a guardianship. In recent years courts have tried to maintain family unity, resulting in fewer incidents of termination of parental rights, giving those individuals more say in their children’s care.
If the prospective guardian has a criminal record, the court will review it before granting custody.
Children over age 14 may also protest a guardianship in many states.
Another person who has had custody of the child for 60 days may lodge a protest against the naming of a guardian within a certain period of the legal notice that one has been named.
Do I need an attorney for help with child custody matters?
Attorneys are often helpful for simply navigating court requirements and can streamline some aspects of the process but are not required for many child custody and guardianship issues. In disputed custody situations attorneys may assist the parties in coming to a mutually agreeable and legally acceptable compromise for sharing responsibilities beyond financial support and physical custody.
What is Kinship Care?
About a quarter of all children who are not cared for by their parents are in the hands of family members. Among these are nearly 1.7 million children of incarcerated adults. This is called kinship care and may be officially sanctioned by courts or done less officially, but the latter may run into legal issues.
Relatives who have casual or temporary custody of a minor child have only limited authority for obtaining medical care, overseeing a child’s education, and may require frequent involvement of the child’s parents to navigate daily issues. In addition, the child’s financial needs are likely to fall entirely on the caregiver’s shoulders without a formal custody and support agreement.
Relatives are those most likely to be awarded court-ordered guardianship status for children of people who have deceased or are otherwise unable to fulfill the duties of parenthood. Guardianship may be temporary and may be rescinded at a specific time or with the consent of the parties involved, such as when the custodial parent becomes available (discharged from hospital, returned from deployment, released from jail, etc.).
Those who are sent to prison and must make arrangements for child custody and care during that period may be compelled by the sentencing court to put a formal guardianship in place. Courts will generally look first to available, geographically close family members in order to maintain a connection between the parent and child, which is proven to result in the best outcome for the child.
Resources for Kinship Caregivers
The federal office of child welfare offers resources and support for kinship guardians through http://www.childwelfare.gov. This website explains how to find childcare assistance, how to explain the parent’s absence, and how to prepare for adoption of the child.