I am 19 years old and have a 2 yr old daughter. I am currently trying to better my situation and I am unable to care for my daughter. My older sister has agreed to take over legal guardianship until I am capable of caring for her. Can you please advise what legal guardianship is and how do I go about giving this guardianship to my older sister?
2 Answers from Attorneys
Re: Legal Guardianship
Your sister would file a petition for guardianship with the court in the county where she resides.
You would sign a consent form, agreeing to the guardianship, and that would be filed with the court also.
There are a few other things that would need to be done, but if everyone is in agreement, it shouldn't be difficult or take that long to do.
Re: Legal Guardianship
Legal guardianship is a procedure where a court gives third party (that is not the parents) control of a child. You do not mention where the father is or if a paternity case was ever filed. The law does not like using guardianship as a substitute for custody proceedings. If paternity has been established, the father's consent to the guardianship will be required and you might want to consider going to the paternity court and having a change of custody. The only differences between giving the sister custody and a guardianship are technical. A guardian has all the authority of a person having custody. The court can order you and father to pay child support to the guardian.
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