Temporary Guardingship

Updated on January 31, 2011
C.R. asks from Elkins, AR
5 answers

I have temporary guardinship of a 16yr old & she has a 15month old baby I am needing to find out does that give me any control over the infant with guardinship of the 16yr old?? Please help or direct me to someplace that can help..
I got guardinship of the 16yr old when she moved from her mothers cause she was dating my nephew & since she was a minor her mother gave me guardianship so I could get insurance on the 16yr old & the infant.. The infant's insurance & doctors are all in my name & I have her most of the time.. Just needing to know what my rights are as far as the infant is concerned??

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T.L.

answers from Los Angeles on

No, the type of guardianship (of person, of estate) and (full or limited) determines what control you have over the 16 year old. It will not stipulate what control you have over the 15 month old unless the 16 year old has been declared mentally incompetent. (The court papers will state this clearly). If you have only been given "guardianship of the estate" meaning over the financial matters of the 16 year old, then you have no say in the day to day lifestyle of the 16 year old (other than financial). If this is what you want, you will have to go to the Clerk of ___County (your county) and submit paperwork to amend the original guardianship document.

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K.P.

answers from New York on

No, you have no legal rights regarding the infant. You have guardianship (not the same as custody) of the 16 yr old, but she is the custodial parent of the infant. It's not (unfortunately) an "umbrella" structure.

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J.S.

answers from Tampa on

How did you get guardianship, and who has legal custody of the infant? You could contact your local child protective services agency, not to report anything, but to inquire about the legalities of such a situation. Is there an issue, or are you just being cautious in case of a possible situation arrising? With an infant, this is important information to have though because the baby may need to go to a doctor, and the only person who can allow the doctor to administer any care is the legal custodian or guardian. Good luck!

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G.B.

answers from Oklahoma City on

The girl is the legal guardian of her child. If she chose to press the issue she can be emancipated and get her own insurance for herself and the baby through the state, housing, job search assistance, free child care, plus food stamps and a monthly check. She can get all kinds of state assistance at this point. She really doesn't need a legal guardian. If she chooses to stay with you then she is allowing you to stay her guardian. If she wanted to go before a judge she would get emancipated easily.

She should go to the local Human Services agency and request a medical card for her child. This is the first step towards her becoming a responsible adult and getting herself ready to live on her own as a young adult.

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L.M.

answers from Norfolk on

It is always assumed that the mother has legal guardianship unless there is a court order stating otherwise. Did she have the baby when you were awarded guardianship of her? If so, I find it surprising your paperwork does not account for them both.

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