Results 1 to 5 of 5
  1. #1
    Join Date
    Sep 2010
    Posts
    2

    Default How to Obtain Custody of a Special Needs, Unrelated Teen

    My question involves a child custody case from the State of: NC
    The teen is a long-time friend of my spec needs daughter. She is 15 with mild CP and HFA Autism.
    Her mother passed away. Father is unable to care for her spec needs and did give us power-of-attorney.
    School says it's not enough to let us deal w/her transportation to n fro or even her IEP's and more in school. Cannot get her a community support worker she desperately needs w/this either. Father states he is willing to give us custody.
    So, 1. how do we start procedure?,

  2. #2
    Join Date
    Sep 2009
    Posts
    424

    Default Re: How to Obtain Custody of Spec Needs Unrelated Teen

    Thank you for stepping up for this child.

    You really should get an attorney. Since dad is in agreement, this should be a simple matter and not cost very much to have the attorney draw up guardianship papers and file them with the court.

    Some things to think about:

    1. Child support: how much will dad be paying to contribute to the cost of raising his child? will you be the payee for the child's SSI and/or survivor's benefits?

    2. Visitation: how often and when will dad visit?

    3. End of guardianship: is this a temporary situation until dad gets his feet back under him or is this intended to last until she is 18 or beyond...?

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,758

    Default Re: How to Obtain Custody of Spec Needs Unrelated Teen

    Quote Quoting PQN
    View Post
    Thank you for stepping up for this child.

    You really should get an attorney. Since dad is in agreement, this should be a simple matter and not cost very much to have the attorney draw up guardianship papers and file them with the court.

    Some things to think about:

    1. Child support: how much will dad be paying to contribute to the cost of raising his child? will you be the payee for the child's SSI and/or survivor's benefits?

    2. Visitation: how often and when will dad visit?

    3. End of guardianship: is this a temporary situation until dad gets his feet back under him or is this intended to last until she is 18 or beyond...?

    (I don't have anything to add except...)

    This is an excellent post
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,580

    Default Re: How to Obtain Custody of Spec Needs Unrelated Teen

    It looks like the process is to obtain a "custody agreement", not a guardianship.
    Quote Quoting How can I become a guardian of my grandchildren, who are living with me, so I can enroll them in school or make medical decisions for them?
    A guardian for a minor cannot be appointed for situations such as yours. In North Carolina a guardian of the person (or general guardian) of a minor may not be appointed unless both natural parents are deceased or their parental rights have been terminated.

    In situations where minor children are living with others, at the request of the parent(s), then a custody agreement may be needed. An attorney will need to be contacted to assist the parents and person caring for the children to prepare such an agreement.

  5. #5
    Join Date
    Sep 2010
    Posts
    2

    Default Re: How to Obtain Custody of Spec Needs Unrelated Teen

    I wasn't aware until yesterday that this child does receive SSI. Dad is living off this money, was also unaware of this. I was made to think he had his own disability benefits. It seems now that he doesn't want to sign papers because he would lose the benefits. Very distraught and unable to afford a legal battle. He doesn't want her back (hasn't asked for or about HER, just the money) but I fear he may take her if he loses the money (which state would switch over if we did -we would place money in bank for her later)...

    1. Sponsored Links
       

Similar Threads

  1. New Jersey Child Custody Modification to Obtain Primary Physical Custody
    By Novice in forum Child Custody and Visitation
    Replies: 3
    Last Post: 02-10-2011, 03:29 PM
  2. Property Rights: How Do I Obtain Custody of My and My Ex-Fiance's Dog
    By h_russ in forum Engagement and Cohabitation
    Replies: 2
    Last Post: 03-25-2010, 01:19 PM
  3. Custody of a Special Needs Child
    By LoveMySon04 in forum Child Custody and Visitation
    Replies: 10
    Last Post: 08-06-2007, 03:46 AM
  4. How do I obtain custody of my cousin?
    By joanneshrestha in forum Child Custody and Visitation
    Replies: 1
    Last Post: 09-05-2006, 07:05 AM
  5. Guardianship: Suing niece for custody of special needs infant
    By parisanna in forum Guardianship and Conservatorship
    Replies: 1
    Last Post: 07-27-2005, 08:32 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document