Temporary Gaurdianship/only with paper signed by N.P.

[Rochelle McMurren]

Jurisdiction

Iowa

Hello my name is Rochelle and I live in Orange County California. I'm wondering what I can do regarding temporary gardianship I gave to my older sister. There was no courts involved. My house was broken into among other concerns/issues, so my sister offered to take my son for the school year while the issues are resolved. She is not treating my son well and is not keeping our agreement on how things were to be done regarding my son. My younger sister also lives in Iowa and I want him to go with her for the remainder of the school year. However my older sister-gardian, will not allow him to go. I wrote up a paper and had it signed for temporary Gaurdianship. No courts were involved. From a legal standpoint, what can happen if my little sister just takes my son?. Does my older sister have any legal right to stop her?

 

[mightymoose]

The papers you speak of are meaningless. Your sister has no right to your child. You decide where your child lives and do what is best for your child.

 

[adjusterjack]

From a legal standpoint, what can happen if my little sister just takes my son?. Does my older sister have any legal right to stop her?

Yes. Your little sister is not the mother of your child. Your older sister has no legal obligation to release him to anybody other than his mother.

You should be the one to go get your son.

 

[zddoodah]

I'm wondering what I can do regarding temporary gardianship I gave to my older sister. There was no courts involved.

Well...for starters, you can disabuse yourself of the notion that you gave your sister a guardianship. A guardianship can be created only by a court order.

My house was broken into among other concerns/issues, so my sister offered to take my son for the school year while the issues are resolved.

Recognizing that you mentioned "other concerns/issues," why would a break-in possibly require that your sister "take" your son for an entire school year?

My younger sister also lives in Iowa and I want him to go with her for the remainder of the school year. However my older sister-gardian, will not allow him to go.

What do you mean when you say your "younger sister also lives in Iowa"? Do both of your sisters live in Iowa? If so, that makes it even more baffling that you would send your kid halfway across the county solely because of a break-in.

From a legal standpoint, what can happen if my little sister just takes my son?

I'm confident that a great number of things can happen and don't see any point in coming up with a list of hypothetical scenarios. Obviously, your older sister might do nothing or might report the situation as a kidnapping (or any number of other things).

Does my older sister have any legal right to stop her?

That depends in large part on how the younger sister attempts to "just take[] [your] son."

Needless to say, you should be handling all of this personally.

 

[leslie82]

Hello my name is Rochelle and I live in Orange County California. I'm wondering what I can do regarding temporary gardianship I gave to my older sister. There was no courts involved. My house was broken into among other concerns/issues, so my sister offered to take my son for the school year while the issues are resolved. She is not treating my son well and is not keeping our agreement on how things were to be done regarding my son. My younger sister also lives in Iowa and I want him to go with her for the remainder of the school year. However my older sister-gardian, will not allow him to go. I wrote up a paper and had it signed for temporary Gaurdianship. No courts were involved. From a legal standpoint, what can happen if my little sister just takes my son?. Does my older sister have any legal right to stop her?

So go get your son and move him wherever you like. Your sister legally has no control over him. Neither of them.

If you want someone to have any legal control over your child, you have to go through the court. Talk to a lawyer.

 

[ElleMD]

Why would you not be raising your own child? I can see a night or two with an aunt while the window is repairs and the locks changed but most of a year makes no sense.

In any case, it is your kid and you have full legal rights. The paper you signed has zero legal weight and it totally meaningless. If you want the child to live elsewhere, go get him and take him to where you want him to stay. Just be aware that your sisters have no legal right to your child and cannot make legal decisions for him.

 

[Rochelle McMurren]

I am 33 and disabled. I've had 49 surgeries. My son and I live in California with no relatives or help. It is just him and I. I have had my son the whole 8 years of his life and up until this point he has never been away from me longer than 2 days which was when I had different surgeries. My income is very small and I do everything on my own. I have no financial support nor emotional or physical. SO for those of you that are familiar with US Geography, know that Iowa is the Midwest. Aprx. 1800 miles apart. Traveling is extremly expensive and my health is not great. The break in alone was not the cause of my son going, as I mentioned other issues. However it was a concern as far as my son's safety and wellbeing. The people who broke into my house have affiliation with some not nice people. They were caught on camera and being legally prosecuted for 1st degree burglary. I received several threats and wasn't sure what all their retaliation would involve. Needless to say my son's safety was not something I'm willing to chance or risk. Hopefully this has cleared up the questions. Thank you all.

 

[army judge]

My income is very small and I do everything on my own. I have no financial support nor emotional or physical. SO for those of you that are familiar with US Geography, know that Iowa is the Midwest. Aprx. 1800 miles apart.

There are private and public agencies who assist people with disabilities and medical issues.

These agencies make it possible for families to stay united, not be broken apart by circumstances beyond normal human control.

If you're interested in having your child with you, you can start by contacting the Red Cross, Salvation Army, various charities founded to support people with certain illnesses and/or diseases; and even state and federal government entities who will step in to assist you with reunifying your family.

If you prefer your child to be in the care of others, that is entirely up to you.

However, there will come a time when the party caring for the child will need a legal order of custody to enroll the child in school, treat any medical or accidents that may involve your child, or God forbid if you should be called to your end of life time.

You might wish to speak to a lawyer or social services about your options.

I wish you comfort as you work resolve any issues that trouble your life.

 

[zddoodah]

The bottom line here is that, unless you take action to change the current situation, it is only going to change if your older sister with whom your child is living allows it to change. In theory, your "little sister [could] just take[] [your] son," assuming she can do so without disturbing the peace. However, in an equally theoretical manner, your older sister could "just take[]" him back. If your younger sister "just takes" him, your older sister might contact the cops and claim that your younger sister has kidnapped the child. How things might play out if that happens is impossible for us to predict. Your little sister could also actually file papers with the court in Iowa to establish an actual guardianship, and you could provide her with an affidavit in support. Is she willing to spend the money to do that?

You obviously don't want to tell us about the "other issues," and that's fine, but I feel compelled to point out that your post is oddly silent regarding the child's father and whether or not he is paying child support (and if not, why not). Regardless, it's up to you to take appropriate action at this point.