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Auntie
09-22-2008, 03:26 PM
My sister has a two year old with a convicted Megan's Law offender (Tier 1 - the least likely to commit crime, 15 years parole and local police registration, supervised visits with parent (mother) of child only) and has been without employment since March of 2008, in addition is homeless, living at various homes of friends. She has asked me and my fiance' to "watch" her child until she can get on her feet. She indicated she needs a couple of months to find a job and an affordable apartment. As of today, it's been a month and she still hasn't begun her search for employment and has not found an apartment either.

Financially I have always supported my sister and her child including providing a cell phone, diapers, clothing and funds for daycare, etc. (I have also provided in the past monies/funds for security deposits which were not refunded as well as allowing my sister and her child to live in my residence for approximately one and half years). My sister has not and will not apply for medicaid and/or welfare as they will require her to take the father to court for support, something she is not willing to do. My fiance and I would like to petition for temporary guardianship (not wanting to take away custodial parental rights) so as to provide health insurance (child has not had two year old check up and immunizations) and be in charge of her financially so that I can enroll her in daycare and/or other group child activities.

How do I go about requesting guardianship? My sister has indicated that she is willing to assist me with the guardianship, meaning she will not contest my petition. I have contacted several legal firms not finding one that specializes in this type of guardianship petition. The child is currently in my home and I am responsible for her financially, medically and her emotional well being while she is under my care. I would like a temporary order with the opportunity to have potential permanent custody. The father of the child does not have primary custody, however that has never been argued in a court of law, only assumed by my sister due to his conviction.

What costs would be associated with guardianship (legal costs)?
How long would it take to have guardianship established?
It is my understanding that I will have to hire two lawyers, one for my sister and one for myself, correct?
What will I be responsible for with guardianship?
What parental rights do I assume?
What parental rights will my sister still have? What rights will the father have?
Will my sister be responsible for child support? I do not want to "babysit" her child without the understanding that she is responsible. As it stands now she comes and goes as she pleases visiting and taking the child out.
What time frame does guardianship encompass (can time run out?)?
What duties does a guardian have?

Thank you kindly,

Auntie

zelner
09-23-2008, 12:05 PM
I know someone who works for DYFS and I told them about you situation. She said that it is relatively easy to get temporary guardianship and that you should call the Family Law Division of for the NJ Superior Court in your county. They are usually very helpful and will give you the necessary paperwork to complete.

I don't think your sister will have any say in the matter based on the facts of the situtaion. The judge will make a decision that is in the best interests of the child. Regarding your other questions about length of guardianship, parental rights, etc., I am not sure, but from what I understand the staff at the Family Law court is very helpful to people in situations like yours.

What county do you live in?