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How to take custody of a child that is not yours


Custody Of A Child That Is Not My Biological Child in Florida.

Last updated on April 10, 2022

In Florida, there are four ways to get custody of a child that is not your own: 1) Adoption, 2) Appointment of a Guardian, 3) Intervention by the State Department of Children and Families in a dependency action, and 4) Temporary custody under Chapter 751.

The first step in seeking any kind of custody is usually gaining temporary custody.  Typically, temporary custody can be granted routinely if both parents consent to the grant of temporary custody.  This is very common for military families or families that are undergoing a temporary crisis.

If the child lives in Naples, Florida, or lived in Naples Florida for at least six months during the last six months the jurisdiction for this action typically will be in Collier County.

Only “an extended family member” may bring a petition for temporary custody in the Florida courts.  Fla. Stat. Sec. 751.02 to 751. 03. This includes grandparents, cousins, aunts and uncles, siblings or half siblings.

If you are not a relative of the child, you cannot ask for temporary custody under Chapter 751 and must proceed via adoption or guardianship under chapter 744.

If only one parent consents to the temporary custody but the other parent cannot be found, temporary custody can still be granted as long as you have diligently searched for the missing parent.

If a parent formally objects to a grant of temporary custody (or any custody) then that non-parent will not be granted custody unless there are extreme circumstances.  A parents’ right to be a parent and have control of their child’s life has been held by both the Florida and United States’ Supreme Courts as a fundamental right and therefore cannot be usurped for almost any reason.

The courts still must find that the grant of temporary is 1) consented to by the parents and 2) in the best interests of the child.  This is done through a hearing where evidence is presented as to why this award of temporary custody would be in the best interests of the child.   The evidence is almost always just testimony from the petitioner (the person seeking temporary custody).

Temporary custody can be terminated very easily by a parent disavowing their consent and reinstating their rights.  The facts would have to be extreme for a court to continue a temporary visitation after the disavowal of a parents’ consent.

For example, a parent who had never met the child could not just swoop in and take custody of the child from a grandmother with temporary custody.  The parent’s rights to their children are fundamental constitutional rights so, in cases like this, the court will often set up a transition plan.

In the case where a parent has been found to be unfit, the parent must simply prove their fitness to reinstate their rights and terminate the temporary custody order.

In lieu of this concept that temporary custody competes with the parents’ custody the legislature changed the statute so that temporary custody could be considered “concurrent. ”  This essentially turns the temporary custodian into a 3rd parent.  There is, however, no statute available to direct concurrent custodians and parents in the event that they disagree upon something related to the welfare of the child.

In lieu of temporary custody, a non-parent can proceed under Chapter 744 of the Florida Statutes and ask for guardianship.  Guardianship is almost always pursued in cases where the parents are dead, incapacitated or unavailable.  Guardianship is also used in cases where a child is to receive some kind of large settlement and a non-interested third party is needed to oversee the money which the child will receive until that child turns 18.

If you are looking to take custody of a child that is not your biological child, then I know you’re doing things from the heart and for the right reasons.  Please contact my Naples, Florida family law office so I can help you and help this child.

Can I Obtain Custody of a Minor Who Is Not Biologically My Child in Ohio?

There are numerous reasons that, as a non-parent, you may want custody of a child. For example, it’s becoming more common than ever for children to live with their stepparents or grandparents. In any case, the legal process involved is complex. Biological parents are always given the top priority when it comes to custody of their children. There are ways in which you can get custody of a minor who is not your biological child. In order to do so, you’ll have to provide definitive evidence that being placed in your custody is in the child’s best interests.

A knowledgeable family lawyer can be a great resource during the difficulties caused by custody battle. For legal counsel regarding your family in Ohio, contact the law firm of Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. Custody proceedings can go on for a long time, and cause significant tension. Discussing the case with our attorneys can help you decide on the best way to proceed, for both you and the children. To schedule you free consultation, call us at (419) 625-7770, or use our online form.

The Custody Rights of “Suitable Parents” Are Protected by the Constitution

Under the 14th Amendment of the U.S. Constitution, parents are granted the inalienable right to “establish a home and bring up children.” As such, for years courts have recognized the custody right of biological parents. Ohio law does not often provide for parents to have their custody revoked either. Biological parents can only have their child removed from their care if they have been found to be unsuitable as parents.

What Classifies a Biological Parent as “Unsuitable?”

In order to show a parent is unsuitable, it is not enough to simply disagree with their parenting style. It is not even enough to have a living situation that is objectively better than that of the biological parents. The only way to have a child removed from their biological parents custody is to show that remaining under their care would be detrimental to the child’s health. Some scenarios that would qualify under this standard include:

  • Substance abuse. If the biological parents consistently abuse drugs or alcohol, it can be grounds for losing custody;
  • Excessively dangerous conditions. If the home conditions aren’t suitable for raising a child (for example, if there are weapons or dangerous chemical compounds laying around) a biological parent could forfeit custody of their children;
  • Neglect or abuse. If the child is being abused, or if their fundamental needs are not being met, a non-parent may be able to acquire custody of them over a biological parent.

Custody can also be transferred through a signed, binding agreement with the biological parents. Without such an agreement, it will likely be necessary to demonstrate the unsuitability of the biological parents in court. To do so, requires the introduction of a preponderance of evidence showing that one of the aforementioned conditions is met.

If Custody is Declined, Non-Parents Can Still Be Granted Visitation

If you fail to gain custody of a child that’s not biologically yours, it doesn’t mean you’re completely cut off from them. If the parents weren’t married at the time the child was born, the court can grant certain family members visitation or companionship rights. In awarding these rights, the courts consider whether or not it is in the child’s best interest. To determine this, they will examine such factors as:

  • The wishes of the biological parents;
  • The available time of all parties involved;
  • The degree and nature of previous interactions between the child and the non-parents; and
  • The wishes of the child.

It’s important to remember that custody orders, as well as visitation orders, are not necessarily permanent. They are all subject to modification by the court.

Talk to A Lawyer About Your Custody Case

Family lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA can help you resolve your family legal issue. A complex body of law governs family relationships. It is made even more complex by the personal conflict such cases can create. Good representation can help minimize this conflict, and ensure that you’re protected throughout the process. Contact us online, or call (419) 625-7770 to schedule a free consultation with an Ohio family law attorney today.

We arrange custody of a child with living parents

Children are the most unprotected category of people in society. Sometimes it is they who need protection more than adults. In life, there are situations in which fathers and mothers do not show the necessary care for their children. There are solutions to this problem in the legislation. One solution to the problem is guardianship.

Free consultation on family issues specialist Sergey Borisovich Volkov REQUEST A CALL

WHEN DO YOU NEED GUARDIANSHIP FOR MINORS?

Guardianship of a minor is issued in the event that the father and mother do not fully fulfill their obligations to the child. To obtain the status of a guardian for a child who has parents, the law establishes the following.

  • This can be both a physical and mental disorder, in which there is no full-fledged care for the child.
  • Field of activity related to permanent and unlimited business trips.
  • The territory of residence of the father and mother is in another city or country.
  • Lack of opportunity to provide your own child with things necessary for life, growth and development.
  • The desire of parents to give up their child on a voluntary basis.

The Family Code still contains reasons related to the return of the father and mother of the child. Parents have not reached the 16-year return, and the relationship is not registered according to the norms of the legislation of the Russian Federation.

WHO CAN BECOME A GUARDIAN, WHAT REQUIREMENTS DO THE LAW
  • Legal legislation puts the interests of the child at the head. That is why a prerequisite for the life of the baby and his social development is to improve the standard of living and his environment before the change of guardianship. A complete list of requirements is specified in article 146 of the Family Code
  • The guardian must have full legal capacity. This means that the guardian must have a legal form of legal action and it is he who is absolutely responsible for the execution of any action related to the field of jurisprudence.
  • It is unacceptable to have criminal or administrative punishment, as well as cases of deprivation of parental rights from a person who wants to become a guardian and take care of a child.

A person who is ready to take responsibility for a minor citizen will not be appointed as a guardian if he has a chronic drug or alcohol addiction (a mandatory medical examination of candidates for guardianship is carried out). And also people with the first group of disability are not allowed to guardianship.

HOW TO GET GUARDIANCY OVER A CHILD

The legal legislation of the Russian Federation provides for only two main possibilities for obtaining custody of a child:

  • - the presence of written consent from the biological parents
  • - availability of documents indicating the deprivation of legal parents of their parental rights

WHAT CHILDREN ARE ALLOWED TO GET CUSTODIANS
  • Before the age of 14 of the minor.
  • In case of deprivation of the father and mother of the rights to the child, then until the age of 18, and in exceptional situations up to 23 years.
  • When there is a temporary lack of opportunities for full-fledged child care.

Guardianship for a certain period of time is issued in the following cases:

  • The father and mother officially terminated their marriage.
  • A person who has not reached the age of majority attends an educational institution located far from the place of residence
  • An unfavorable economic situation in the family or one of the parents has a serious physical or mental deviation.

GUARDIANSHIP OF A SICK CHILD WITH A DISABILITY

The process for obtaining guardianship of a minor with a disability is very different from that of a child without a disability. All this is due to the fact that disabled children are more defenseless. According to the law, disability is considered to be physical and mental disabilities.

    • A person who wants to become a guardian of a child with a disability must go through the most difficult procedure.
    • Proper comprehensive medical examination.
    • Written parental consent is required. If this consent is not provided by the guardian, the registration process is very complicated.

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Relatives, especially grandmothers, have priority in matters of guardianship. And all because grandmothers, like no one else, can replace a mother for a child.
Although relatives have the first priority when applying for guardianship, the package of documents for guardianship remains unchanged. Of course, the desire of the persons in respect of whom guardianship is issued is taken into account in accordance with the law, but as practice shows, children with a great desire remain to live with close relatives.

RIGHTS AND OBLIGATIONS OF THE GUARDIAN

The Family Code is the document regulating the main processes related to guardianship and guardianship, and in disputable situations it is necessary to refer to the federal normative act (law).

A person who has taken custody of a minor is obliged:

  • The guardian is obliged to provide his ward with housing, clothing and food.
  • The guardian takes care of the health of his or her ward and takes measures for treatment in case of symptoms indicating illness.
  • The guardian is obliged to provide the minor with all conditions for comprehensive development, provide an opportunity for education.
  • The guardian must meet the needs of the child until the age of 16.
  • The guardian must have a common residence with the ward until he reaches the age of 16 years.
  • When changing the place of residence, the person who has issued guardianship is obliged to notify the guardianship authorities about this.
  • The guardian is obliged to own and use the property of the ward with the written permission of the authorized bodies.
  • The funds of a minor are spent only on his needs. The guardian submits an annual report for the money of his ward.

A person who has taken custody of a minor has the right:

  • A person who has taken custody of a minor has the right to use the things of a minor until the age of 14, and with the permission of the child up to 16 years of age. A person in respect of whom guardianship has been issued begins to participate in legal transactions on his own, only when he reaches the established age.
  • The person who has issued guardianship independently establishes the methods of the educational process of the ward, but the guardianship authorities have the right to express their opinion.
  • The guardian receives money for the child he has taken into custody.
  • If the person who has issued guardianship has a decreased financial condition, or health problems begin, he has the right to cancel guardianship in the relevant authorities.

WHAT DOCUMENTS DO YOU NEED?

Due to the fact that when formalizing guardianship, guardianship authorities entrust the life and health of a minor child, this process is rather laborious and requires a large amount of materials, which reflect the maximum information about the guardian. Documents related to the materials required for registration of guardianship:

  • Identity document (passport).
  • A complete and consistent account of the life of the person who draws up guardianship (autobiography). The autobiography reflects information about education, places of residence and places of work. Providing false information may result in liability, up to criminal liability.
  • Certificates indicating the financial condition of the guardian. In the case when a person has more than one source of income, information on all is required.
  • Standard statement of the competent authorities to which the person holding guardianship expresses his desire.
  • Written consent is required under the condition that the parents have rights to the child.
  • Pension certificate. Required for grandparents if they decide to become guardians of their grandson.
  • A document (certificate) certifying the fact that the person formalizing guardianship has no criminal record.

PROCEDURE AND NUANCES OF THE PROCEDURE

The state guardianship authorities are responsible for documenting guardianship in our country. A citizen who wants to take a child to himself must collect a complete package of these documents and together with him apply to the guardianship authorities at the place of residence. It is there that all the necessary checks will be carried out and the person will be able to obtain a legal document on guardianship.

Having received all the necessary documents, the guardianship authorities are obliged to form an independent commission of guardianship department employees at the candidate's place of residence. The final goal of the commission is to draw up a special. act. The commission is obliged to leave within three days at the place of residence of a person who is ready to become a guardian. On the fact of the actions performed, an act is drawn up on checking the living conditions in which the child will be.

If the commission makes a positive decision on this act, then the guardianship department inspector must verify the authenticity of all previously submitted documents. After 10 working days, employees of the guardianship department are required to notify the person who submitted the application about their decisions in writing.

If the issue is successfully resolved, a guardianship order is issued. This legal document will be valid for two years.

A child who has reached the age of 10 years at the time of legal guardianship has the right to make his own final decision on the appointment of a guardian. Obligatory only in case of full consent of the child is it possible to complete the guardianship procedure.

Guardianship of an adult

Marina Frolova

Attorney at the Moscow Bar Association, Law Office No. 14 of the Moscow City Bar Association

November 10, 2021

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How to become a guardian of a relative who needs help due to a mental disorder, and what duties will you have to perform after that?

"How to take care of a relative who needs help because of a mental disorder?" - a young man, worried about his adult brother, addressed the editorial office of AG with such a question.

How to take care of a loved one?

A citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, may be declared legally incompetent by a court. That is, it will be recognized that he cannot fully acquire and exercise rights, create duties for himself and fulfill them (Article 21 of the Civil Code of the Russian Federation). In this case, guardianship is established over him (Article 32 of the Civil Code of the Russian Federation).

Guardianship is a form of placement of children under the age of 14 and recognized by the court as incompetent citizens, in which the citizens (guardians) appointed by the guardianship and guardianship authority are the legal representatives of the wards and perform on their behalf and in their interests all legally significant actions (Article 2 Federal Law of April 24, 2008 No. 48-FZ).

Thus, if your relative has a mental disorder and he is recognized by the court as incompetent, you can take him under guardianship. By the way, you can become a guardian of a person, even if he is not your relative. But only if he does not have relatives who want to arrange guardianship over him.

The guardian has the duty to look after the health and financial condition of his ward. All transactions on behalf of the ward must be made solely in his interests. You become his legal representative in all instances, including the judiciary.

How to become a guardian?

In order to obtain custody of a citizen, it is necessary to file a claim with the court to recognize him as incapacitated. In case of a positive decision, you should contact the guardianship and guardianship authority at the place of registration of your future ward with an application to appoint you as a guardian. After that, the guardianship and guardianship body makes an appropriate decision.

Often, citizens who are declared incompetent due to a mental disorder are placed in psychiatric hospitals. In this case, the medical institution becomes the guardian, and the guardianship and guardianship body is responsible for protecting the property interests of the citizen.

If your relative is in such a hospital and you want to take him out of there, you must proceed as follows: