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What state should I file for guardianship of a minor?

Having a dispute with a tenant or landlord? Rental Law discussion

What state should I file for guardianship of a minor?

Postby arvad » Wed Feb 29, 2012 7:36 pm

So my sister in Colorado sent her son to live with me in Arizona 7 months ago. He had little but the clothes on his back and a signed power of attorney for guardianship. She claims she did not have time or money to get something legal and that her "attorney" told her this would be sufficient. Her stepmother says she just doesn't want to lose rights to the SSI benefits he receives.

Well, the power of attorney isn't enough, my insurance wants the legal guardianship papers or they will drop him. My sister refuses to do it saying she doesn't see the need to do it.

So I'm going to petition for guardianship of a minor. From what I can tell, if she contests it, it's automatically denied. I intend to tell her that if she contests it, she can have him back (she never wanted him, but now claims it's her bf who doesn't want him there). I know she'll lose his SSI benefits and they'll go to me (meaning I can afford his meds, his clothes, food, etc). I think that will be the main reason for her to contest it.

But the question is, where to file. Where she lives, or where her child lives and will be living?

I might also add that she will be homeless at the end of this month as her landlord has started the eviction process. This and being too broke to help with her son does not stop party pics from the bar from going up on Facebook every Friday night. I feel bad for her, which has stopped me from turning her in for social security fraud. But I gotta do something about this for my nephew's sake.
arvad
 
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What state should I file for guardianship of a minor?

Postby elkan80 » Wed Feb 29, 2012 7:38 pm

File in the state where the boy is now. Also, contact Social Services to get them to contact their colleagues in Colorado for a report.
elkan80
 
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What state should I file for guardianship of a minor?

Postby colfre » Wed Feb 29, 2012 7:46 pm

file in your home state. since she sent him there with an agreement in place i suspect that the child is a resident of your state. congrats on trying to help the poor kid. mom sounds like a real winner.
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