Third Party Temporary Guardianship Agreement

My question involves a child custody case from the State of: Indiana

If someone is unable to provide for their children and has asked a close family friend to take in their children and they have a notarized temporary guardianship agreement will that be sufficient or does everything have to be done through the courts? Also, in regards to seeking medical attention for the children will the temporary guardianship agreement work or is there a specific form that has to be completed for that as well. I know for the school systems they have a specific custodial statement and agreement for 3rd party custody. Any advise would be greatly appreciated! Thanks!

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Quoting teclemons

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My question involves a child custody case from the State of: Indiana

If someone is unable to provide for their children and has asked a close family friend to take in their children and they have a notarized temporary guardianship agreement will that be sufficient or does everything have to be done through the courts? Also, in regards to seeking medical attention for the children will the temporary guardianship agreement work or is there a specific form that has to be completed for that as well. I know for the school systems they have a specific custodial statement and agreement for 3rd party custody. Any advise would be greatly appreciated! Thanks!

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A notarized temporary guardianship is ok as an agreement between you and them, but its not legally enforceable and would not suffice to allow them to get medical care for the children. However, if you also give them a medical POA that would allow them to get medical care for the children.

Thanks IIworking. Is the medical POA a form that you can print online? Thanks again!

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Quoting teclemons

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Thanks IIworking. Is the medical POA a form that you can print online? Thanks again!

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Do a google search. At a minimum you should be able to find examples to use as a template.

Indiana provides for a power of attorney for the care of a child, by statute:

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Quoting Indiana Code, Sec. 29-3-9-1. Delegation of powers; powers excluded; exercise of powers under power of attorney

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(a) Except as provided in subsection (b), by a properly executed power of attorney, a parent of a minor or a guardian (other than a temporary guardian) of a protected person may delegate to another person for:

(1) any period during which the care and custody of the minor or protected person is entrusted to an institution furnishing care, custody, education, or training;  or

(2) a period not exceeding twelve (12) months;

any powers regarding health care, support, custody, or property of the minor or protected person.  A delegation described in this subsection is effective immediately unless otherwise stated in the power of attorney

(b) A parent of a minor or a guardian of a protected person may not delegate under subsection (a) the power to:

(1) consent to the marriage or adoption of a protected person who is a minor;  or

(2) petition the court to request the authority to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of a protected person as provided under IC 29-3-9-12.2.

(c) A person having a power of attorney executed under subsection (a) has and shall exercise, for the period during which the power is effective, all other authority of the parent or guardian respecting the health care, support, custody, or property of the minor or protected person except any authority expressly excluded in the written instrument delegating the power.  The parent or guardian remains responsible for any act or omission of the person having the power of attorney with respect to the affairs, property, and person of the minor or protected person as though the power of attorney had never been executed.

(d) Except as otherwise stated in the power of attorney delegating powers under this section, a delegation of powers under this section may be revoked by a written instrument of revocation that:

(1) identifies the power of attorney revoked;  and

(2) is signed by the:

(A) parent of a minor;  or

(B) guardian of a protected person

who executed the power of attorney.

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Okay, similar issue here. My ex had primary physical custody. He got a notarized statement to let his parents have the kids, under their assumption that I had no custody. I had reasonable visitation, but ex put a bogus RO on me. The RO expired, but I was ordered one month prior the expiration to pay child support because the grandparents are getting medi-cal (gov aid). Idk how they can get aid in the first place. Ex was ordered a long time ago to obtain their health insurance, but Idk if he ever did. I was never consulted, as I would have taken my children back home, since he sort of abandoned them (due to "health problems" i.e. alcohol problems). I went to court, and got specified visitation, yet how is any of the CS legal? Ex also has an old order to pay me CS (minimal for my time with the kids, I suppose) yet he stopped paying in 2008. Standing order, so the balance in arrears would be somewhere around $24,600. We were reconciled for two years, as well, and separated when I got an TRO on him in 2011. I dropped the TRO, but he put one on me in retaliation.

So, 1. How are the grandparents getting aid?
2. Is the aid legal?
3. Is the CS against me legal to compensate for the aid?
4. Who do I contact to straighten this out?

I have another mediation in June to revisit the CC, because it is half way through the school year, but in the interim, I have another CS court date to explain wth is going on. Would the docs saying that ex is supposed to provide health insurance suffice to excuse me from CS? I have other children and cannot afford to pay money to the state or grandparents, yet I can afford to have my children home, as I have always been a resourceful person.

In California, however. Thank you.

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Quoting heidi123

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Okay, similar issue here. My ex had primary physical custody. He got a notarized statement to let his parents have the kids, under their assumption that I had no custody. I had reasonable visitation, but ex put a bogus RO on me. The RO expired, but I was ordered one month prior the expiration to pay child support because the grandparents are getting medi-cal (gov aid). Idk how they can get aid in the first place. Ex was ordered a long time ago to obtain their health insurance, but Idk if he ever did. I was never consulted, as I would have taken my children back home, since he sort of abandoned them (due to "health problems" i.e. alcohol problems). I went to court, and got specified visitation, yet how is any of the CS legal? Ex also has an old order to pay me CS (minimal for my time with the kids, I suppose) yet he stopped paying in 2008. Standing order, so the balance in arrears would be somewhere around $24,600. We were reconciled for two years, as well, and separated when I got an TRO on him in 2011. I dropped the TRO, but he put one on me in retaliation.

So, 1. How are the grandparents getting aid?
2. Is the aid legal?
3. Is the CS against me legal to compensate for the aid?
4. Who do I contact to straighten this out?

I have another mediation in June to revisit the CC, because it is half way through the school year, but in the interim, I have another CS court date to explain wth is going on. Would the docs saying that ex is supposed to provide health insurance suffice to excuse me from CS? I have other children and cannot afford to pay money to the state or grandparents, yet I can afford to have my children home, as I have always been a resourceful person.

In California, however. Thank you.

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Start your own thread, please.

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Quoting heidi123

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Okay, similar issue here. My ex had primary physical custody. He got a notarized statement to let his parents have the kids, under their assumption that I had no custody. I had reasonable visitation, but ex put a bogus RO on me. The RO expired, but I was ordered one month prior the expiration to pay child support because the grandparents are getting medi-cal (gov aid). Idk how they can get aid in the first place. Ex was ordered a long time ago to obtain their health insurance, but Idk if he ever did. I was never consulted, as I would have taken my children back home, since he sort of abandoned them (due to "health problems" i.e. alcohol problems). I went to court, and got specified visitation, yet how is any of the CS legal? Ex also has an old order to pay me CS (minimal for my time with the kids, I suppose) yet he stopped paying in 2008. Standing order, so the balance in arrears would be somewhere around $24,600. We were reconciled for two years, as well, and separated when I got an TRO on him in 2011. I dropped the TRO, but he put one on me in retaliation.

So, 1. How are the grandparents getting aid?
2. Is the aid legal?
3. Is the CS against me legal to compensate for the aid?
4. Who do I contact to straighten this out?

I have another mediation in June to revisit the CC, because it is half way through the school year, but in the interim, I have another CS court date to explain wth is going on. Would the docs saying that ex is supposed to provide health insurance suffice to excuse me from CS? I have other children and cannot afford to pay money to the state or grandparents, yet I can afford to have my children home, as I have always been a resourceful person.

In California, however. Thank you.

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Why do you think you shouldn't repay the taxpayers for helping to support your children? I see nothing illegal here; if the children are not in your custody then of course you should pay support to whoever does have custody. You apparently owe the state too, and that won't go away.

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Quoting heidi123

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Okay, similar issue here. My ex had primary physical custody. He got a notarized statement to let his parents have the kids, under their assumption that I had no custody. I had reasonable visitation, but ex put a bogus RO on me. The RO expired, but I was ordered one month prior the expiration to pay child support because the grandparents are getting medi-cal (gov aid). Idk how they can get aid in the first place. Ex was ordered a long time ago to obtain their health insurance, but Idk if he ever did. I was never consulted, as I would have taken my children back home, since he sort of abandoned them (due to "health problems" i.e. alcohol problems). I went to court, and got specified visitation, yet how is any of the CS legal? Ex also has an old order to pay me CS (minimal for my time with the kids, I suppose) yet he stopped paying in 2008. Standing order, so the balance in arrears would be somewhere around $24,600. We were reconciled for two years, as well, and separated when I got an TRO on him in 2011. I dropped the TRO, but he put one on me in retaliation.

So, 1. How are the grandparents getting aid?
2. Is the aid legal?
3. Is the CS against me legal to compensate for the aid?
4. Who do I contact to straighten this out?

I have another mediation in June to revisit the CC, because it is half way through the school year, but in the interim, I have another CS court date to explain wth is going on. Would the docs saying that ex is supposed to provide health insurance suffice to excuse me from CS? I have other children and cannot afford to pay money to the state or grandparents, yet I can afford to have my children home, as I have always been a resourceful person.

In California, however. Thank you.

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Start your own thread. You just hijacked this person's thread.

You got it. I'm new here. My apologies to all! :)