Possible Temporary Guardianship Battle (unique case)

[JnJ0621]

My wife and I have had my twelve year old son full time since June of 2013. His mother was the primary parent and asked us to take him in. She is now totally out of the picture regarding any ability to care for my son. Due to recent financial instability and my marriage in a downward spiral it has been requested by my son, his aunt and uncle that he temporarily stay with them until my wife and myself get something stable going. She works full-time and I've been out of work for several months. Our living situation has just now been reduced to a one bedroom. Anyways, the discussion on my son living with them has been up in the air for almost two weeks now. We're meeting tomorrow with the aunt, uncle and the grandmother to discuss terms and whatnot. My only concern is that the grandmother recently asked me if this goes down to sign over power of attorney to her and the aunt and uncle. I told her I'm not signing anything. She's adamant that I need to so that they can enroll him in a new school and take him to doctor appointments and so on. Suspicion is arising that they may want to fight for custody once they get him, with or without me signing over power of attorney, which I most certainly will not do. My question is, where do I go from here? Would they have a fighting chance if they decided to fight for custody considering our current living situation? I believe staying with them for a few months is the best thing for my son but I don't want to lose him in the process. Any advice is much appreciated... thanks!

 

[army judge]

Being financially disadvantaged is no reason to farm your son out to other relatives.
That said, giving one or two persons a LIMITED POWER OF ATTORNEY might satisfy their need to enroll the child in school, allow him to be treated medically under their auspices, etc....
Whatever you do, and before you do it, you might want to seek real legal advice from an attorney in your area.
These deals can go horribly awry if all the bases aren't covered beforehand.

If I were facing your situstion, I'd keep the son in my 1 bedroom apartment until I could do better.
It's placing a strain on your marriage, and that often happens when finances begin to shrink.
If you belong to a religious group, talking with your religious leaders might be helpful, as they might have other options.

Yours appears to be more of a financial problem than a legal problem. Sorry I can't be of more assistance. I wish you well.

 

[Proserpina]

My wife and I have had my twelve year old son full time since June of 2013. His mother was the primary parent and asked us to take him in. She is now totally out of the picture regarding any ability to care for my son. Due to recent financial instability and my marriage in a downward spiral it has been requested by my son, his aunt and uncle that he temporarily stay with them until my wife and myself get something stable going. She works full-time and I've been out of work for several months. Our living situation has just now been reduced to a one bedroom. Anyways, the discussion on my son living with them has been up in the air for almost two weeks now. We're meeting tomorrow with the aunt, uncle and the grandmother to discuss terms and whatnot. My only concern is that the grandmother recently asked me if this goes down to sign over power of attorney to her and the aunt and uncle. I told her I'm not signing anything. She's adamant that I need to so that they can enroll him in a new school and take him to doctor appointments and so on. Suspicion is arising that they may want to fight for custody once they get him, with or without me signing over power of attorney, which I most certainly will not do. My question is, where do I go from here? Would they have a fighting chance if they decided to fight for custody considering our current living situation? I believe staying with them for a few months is the best thing for my son but I don't want to lose him in the process. Any advice is much appreciated... thanks!

If you don't sign POA, how do you expect them to take care of your child's needs?

Dad, it's not fair to your child to be switched from pillar to post without good reason (by good reason I mean military moves). He's already been basically dumped by one parent - he's likely in a somewhat delicate situation emotionally.

He needs stability. If that stability comes from staying with your relatives, so be it.

This really isn't a question of legalities so much as parenting.