My niece and her boyfriend are wanting to hand over temporary custody of their 2 month old son to me with no end date at this time. They do not trust either set of grandparents to take care of him the way he needs to be taken care of. Our issue is, can we make a document with them signing and notarizing it giving me custody to where them nor the grandparents can just walk in and take him without hiring a lawyer? Neither set of grandparents have the money for attorney's anyway so that is not my worry, I just do not want any more trouble and want the child safe and secure. The parents know they are not stable enough and cannot give the child everything he needs right now (they are only 16 and 17). I do not have the money to hire a lawyer and if the agree on this I just don't want them to be able to come in a month from now when he is stable and take him just because. Very confused on how to handle this.
2 Answers from Attorneys
There is a statute that provides for a specific power of attorney that lasts up to a year and then can be renewed. I would have to research whether the parents being minors would prevent them from legally signing such a document. Also, there is a statute which allows a Court to grant custody to a third party under certain circumstances. In any event, the situation calls for an attorney. How important is this child to you? Important enough to find a way to come up with legal fees and costs? Or, not?
They can execute a power of attorney but it is only good for one year and can be revoked. A guardianship gives you the protection you need.