Yes, you could attempt the route of some sort of temporary custody agreement where all parties are in agreement. However it will also be somewhat limited in the authority it provides and won't necessarily provide everything you need for long term care and authority over the children.
Full Answer
Can I get custody of my niece or nephew?
Jul 16, 2021 · Temporary child custody is the court's decision to award physical custody of a minor child to one parent pending a final custody hearing. The court will base its temporary custody decision on the best interests of the child and work to maintain the stability and continuity of the child's schooling, activities, and family ties. Scroll down to ...
What does it mean to be in custody under Medicare?
May 24, 2013 · 2 attorney answers. If DCPP (formerly DYFS) is involved, you should find out if they plan to start a court case or if they are having a family team meeting. If they do, the best way for you to gain custody may be to cooperate with them. If DCPP believes you are the best relative resource parent, then DCPP will likely give you physical custody.
What happens if a Medicare beneficiary is in custody on DOS?
Aug 10, 2012 · If the court believes the parents are not fit and you can show that you have a significant relationship with the children and would be a fit care provider, the court can grant you temporary custody of the children, usually with some contact with the parents, order the parents into treatment etc (substance abuse treatment, parenting classes) and ...
Can a parent grant another person temporary custody of their child?
Jun 21, 2016 · Yes, you could attempt the route of some sort of temporary custody agreement where all parties are in agreement. However it will also be somewhat limited in the authority it provides and won't necessarily provide everything you need for …
Can a child live with their aunt?
What qualifies a child for Social Security benefits?
The child must have a physical or mental condition(s) that very seriously limits his or her activities; and. The condition(s) must have lasted, or be expected to last, at least 1 year or result in death.
Can my nephew live with me?
Can my niece live with me and go to school?
The niece could live with you without you being the guardian. You would need to check with your school district to see what, if any, requirements...Jan 14, 2010
How much does a dependent child receive Social Security benefits?
Do Social Security benefits count as income for a dependent?
Can a aunt file for her niece?
Can an aunt get parental responsibility?
How do I get custody of my niece in Illinois?
Can I enroll my child in school without a birth certificate?
Can my ex take my child out of school without permission UK?
How do you get temporary guardianship in Florida?
- You have the signed, notarized consents of the child(ren)'s legal parents; or.
- You are an extended family member who is caring full time for the child(ren) in the role of a substitute parent and with whom the child(ren) is (are) presently living.
2 attorney answers
If DCPP (formerly DYFS) is involved, you should find out if they plan to start a court case or if they are having a family team meeting. If they do, the best way for you to gain custody may be to cooperate with them. If DCPP believes you are the best relative resource parent, then DCPP will likely give you physical custody.
Jordan A Stern
Before I answer the question, here's a link to an article that may be very helpful to you: 4 Key Facts any Parent Should Know about Custody Cases in New Jersey: http://info.njdivorceattorney.net/blog/bid/245622/4-Key-Facts-any-Parent-Should-Know-about-Custody-Cases-in-New-Jersey
How to get custody of someone else's children?
You will have to apply for a guardianship. As part of that process you can ask for a temporary guardianship while the home study is going to determine whether the guardianship should be granted. Be aware that getting custody of someone else's children is a high hill. The court does not use the basic best interests test that it would use to decide between mother and father. You have to show unfitness, which means that the children are being abused or neglected to the point that they are in danger of death or serious injury. Be very careful before you pull the trigger on this. Often, parents who act poorly mean well and need help and support. If you try to take the kids away and fail, then the parents will hate you for life, cut off any contact with you and you will have no idea how the children are doing. Filing for custody of someone else's children is a last resort and usually comes either at the request of the parents or to keep them from a foster home or both.
What do you need to prove to get ex parte custody?
You would file a petition for ex parte custody. For the judge to award you such, you must prove that the children are in immediate and irreparable harm.
What to do if you suspect child abuse in Michigan?
In Michigan, if there if suspicion of child abuse it should be reported to Child Protective Services. At the time of the report you should advise the agency that you are ready, willing and able to take your neice and nephew if the need arises for placement outside of their home. As an aunt or uncle you would have standing to bring a custody action by yourself. While this process can appear daunting, if a report is made to Child Protective Services, the person making the report must remain unnamed. By law, Child Protective Services cannot disclose the name of any person filing a report.
What to do if you believe your child is being abused?
First, you need to understand that you have no legal rights to the children. If you believe they are being abused, you should call CPS. You can also file a third party custody action showing that neither parent is fit to care for the children.
What happens if you don't agree with your parents in Wa?
If parents do not agree, you're out of luck. In Wa, state parents have full authority to determine who sees their kids. There is no third party visitation statute in Wa. state, it was declared unconstitutional years ago and the legislature has never been able to agree on a plan to correct the defects in the statute. The most you can do is call CPS, but you must have more than a belief for CPS to act. Making a false report of child abuse is a crime.
Can you file a custody case in Colorado?
You don't provide enough information to indicate whether you can even begin a custody case , but the broad answer is that there will need to be a court case in which a judge can determine what is in the child's best interests. In Colorado you cannot file a court case for the allocation of parental responsibilities (labeled "custody" in most other states) unless you are a parent or an adult who has been the primary caretaker for the previous 6 months and the child is not in the physical care of a parent. If you believe there is abuse, you need to contact the Child Protective Services office of the Department of Human Services in the county where the children live. If it appears that a state-backed protective case should be filed, you could be considered for temporary foster care if the CPS and Juvenile Court believe it is necessary to remove the children from their current home. You should consult an attorney for more complete analysis of your situation and assessment of possible options.
Can you file for custody of a child?
You have no standing to file for custody. If you fear they are being abused, you can make a complaint with Child Protective Services and they are required to investigate. If you are confident that they are being abused, and have evidence, you may also want to file a police report so a criminal investigation might be started. If you would like the children to be under your care, you would need to file for guardianship through the probate court. Of course, the parents can object as the legal custodians of the children.
2 attorney answers
Yes, you could attempt the route of some sort of temporary custody agreement where all parties are in agreement. However it will also be somewhat limited in the authority it provides and won't necessarily provide everything you need for long term care and authority over the children.
Matthew Ace Johnson
Even though the mother and father aren't contesting the children living with you, and/or other relatives, it would be wise for you to seek a guardianship over the children.
What does "in custody" mean?
Definition of Individuals Who Are in Custody (or Incarcerated) Under a Penal Statute or Rule
How to contact Medicare for inactive status?
You may also refer the beneficiary to 1-800-MEDICARE (1-800-633-4227) if he or she does not know the reason for the period of inactivity.
Is CMS endorsed by AHA?
in the material do not necessarily represent the views of the AHA. CMS and its products and services are not endorsed by the AHA or any of its affiliates.
Does a payer cover medical bills in custody?
when the service was rendered. This payer does not cover items and services furnished to an individual while he or she is in custody under a penal statute or rule, unless under State or local law, the individual is personally liable for the cost of his or her health care while in custody and the State or local government pursues the collection of such debt in the same way and with the same vigor as the collection of its other debts. The provider can collect from the Federal/State/Local Authority as appropriate.”
Can you get Social Security if you are in jail?
Social Security benefits generally are not payable for the months a beneficiary is confined to a jail, prison, or certain other public institutions for committing a crime. SSA benefits can be reinstated starting with the month following the month of the beneficiary’s release; however, the beneficiary needs to contact Social Security to request reinstatement and provide a copy of his or her release documents before SSA can act on the request. For more information about the SSA policy on beneficiaries in custody, visit
What is temporary custody order?
The temporary order sets forth how custody will work during the divorce, including who has the right to make decisions for the child, where the child will live, and when visitation will take place. Although a temporary order is just that—temporary—it carries weight when the court decides permanent child custody.
What is the custody order in divorce?
At some point during the divorce, usually as part of the final judgment, a judge will issue a permanent child custody order that dictates how, when, and where the parents will share legal and physical custody, or whether one parent will have sole legal custody, sole physical custody, or both. Parents can agree on custody arrangements between ...
What is the difference between legal custody and physical custody?
Legal custody is commonly shared jointly by both parents, unless the court finds that giving one parent sole legal custody would be in the child's best interests. For example, if one parent consistently refuses to cooperate in the decision-making process and unreasonably rejects all proposals, a court will likely view this parent as a problem, and grant the other parent exclusive legal custody. Physical custody refers to who the child lives with.
What happens when a parent gets divorced?
At some point during the divorce, usually as part of the final judgment, a judge will issue a permanent child custody order that dictates how, when, and where the parents will share legal and physical custody, or whether one parent will have sole legal custody, sole physical custody, or both. Parents can agree on custody arrangements between themselves, but if they're unable to agree, then they'll have to ask a judge to decide.
What is physical custody?
Physical custody refers to who the child lives with. Judges make child custody orders—both temporary and permanent—based on what would be in the best interests of the child. A judge will carefully consider all of the family's circumstances to determine what custody arrangement would best support the child's emotional and physical needs.
What are the two components of custody?
There are two components to child custody: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child's health, welfare, and education.
Is temporary custody valid in divorce?
Temporary Custody Orders are Valid While the Divorce is Proceeding. When parents file for divorce, they need to make child custody and visitation arrangements while the case is proceeding through the court system.
How to get visitation rights for niece?
In order to be included in the visitation case, you will need to petition the court for visitation. You will also be required to provide the judge with information that highlights the integral role that you have played in your niece’s or nephew’s life. If the evidence you provide is deemed by the judge and courts to be sound, it’s possible that you will be given a certain amount of visitation rights, such as on weekends or a couple of times each month. The best way to identify if you have the option of requesting visitation rights is to consult with an attorney who has expertise in child custody , they can assist you with determining what your next steps are.
How to get legal guardianship over niece?
The first step is to file a petition for guardianship with the appropriate court in the county where the child currently resides. It will be crucial to contact the local state child custody lawyer to understand what your rights and legal options are. Child custody cases are complex and require a thorough evaluation of the person requesting custody of the child if they are not the biological parent.
How to prove third party visitation?
For visitation, the third-party must prove by clear and convincing evidence that there would be actual harm to the child if visitation is denied, which will often require expert witness testimony. A third-party custody case is challenging to win, but if you want to seek custody and visitation time as a relative of a child, you should have the opportunity to do so.
How to be included in a visitation case?
In order to be included in the visitation case, you will need to petition the court for visitation. You will also be required to provide the judge with information that highlights the integral role that you have played in your niece’s or nephew’s life.
What is considered in a child custody case?
Furthermore, it looks to how the child will adjust to certain situations, cultures, community, and school. Lastly, it considers the mental and physical wellbeing of the parties involved. The family courts generally attempt to balance these factors along with the child’s wishes to make custody decisions. Each state has its own set of guidelines in determining the child’s best interest standard. It is crucial to identify the ones outlined in your local state to ensure you are meeting the requirements for a child custody case.
What are the five circumstances that a third party must show to get custody?
For custody, a third-party must show one of the five circumstances: A parent is unfit; Voluntary relinquishment; Abandonment;
Can you get custody of an aunt and uncle?
However, usually there are not legal rights for custody for aunts and uncles.
What age can you be a guardian of a child?
Children under age 26. Children typically include natural children, step-children, foster children, adopted children, and children placed with the employee for adoption. Most—but not all—plans will also extend dependent child eligibility to children for whom the employee or spouse is a legal guardian. Legal guardianship requires a court order.
What happens when guardianship ends?
When the guardianship court order expires or is terminated, the child will lose active coverage. The child will experience a qualifying event and have the ability to continue coverage through COBRA if the child is enrolled on the date the guardianship ends.
Is legal guardianship relevant for tax purposes?
It is relevant only for tax purposes and FSA/HRA/HSA purposes). To summarize, there are two items to confirm to determine whether the legal guardianship child is eligible: Whether the health plan extends eligibility to children for whom the employee is the legal guardian; and.
Does legal guardianship require a court order?
Legal guardianship requires a court order. A child who lives with the employee, or whom the employee supports financially, is not in a legal guardianship relationship absent such a court order. (Note: Tax-dependent status generally is not relevant for determining eligibility for the health plan. It is relevant only for tax purposes ...
Why don't you have custody of your grandchildren?
You don’t have custody of your grandchildren just because they are living with you. Let’s say the parent (s) asked you to care for your grandkids for a certain period of time. Maybe this is because of an illness, a move, a divorce, financial problems, domestic or substance abuse, etc. Just because you say yes and your grandkids start living ...
What is a custody document?
Whatever it’s called, the document is one specifically designed to grant custody of a minor child for a limited period of time to someone other than the child’s parents. You can have an attorney help you customize the specifics of the document but generally it covers medical or educational situations that may arise.
What is voluntary kinship care?
If the parents are cooperating, the child welfare agency may have made an arrangement for you to provide temporary care without having to go through the court system . If this is the case, the parents should have signed a consent form that gives you temporary rights. This is known as voluntary kinship care.
How to be a guardian of my grandchildren?
Another option is to be appointed your grandchildren’s temporary guardian by the courts. This process varies by state but generally involves petitioning the court (submitting forms with the help of an attorney) to be named the children’s guardian for a limited amount of time.
Can you include expenses in temporary custody?
You can also include specifics on who covers any expenses related to the child while you have temporary custody. Note that some states may have a form they require adults who aren’t permanent legal guardians to fill out for specific situations like enrolling a child in school.
Can you be a foster parent if you are not cooperating?
Perhaps the parents aren’t cooperating or the children have been removed from the home and placed in state’s custody by a judge. You may be granted physical custody but the state retains legal custody of the children (and is therefore responsible for any medical or educational decisions). This is known as formal kinship care and you must be certified as foster parents in order to provide care in this situation.
Does temporary guardianship cover all the expenses?
Kinship care and temporary guardianship can provide you support from the state or parents, but it most likely is never going to cover all the new expenses that come along with taking care of kids. If you’re on a fixed income or already retired, this could be especially challenging for you.
Why do parents give temporary custody?
There are several reasons why a parent would consider giving temporary custody to another person or couple. Reasons for temporary guardianship include: Competing Responsibilities: A parent with an unusual work schedule, who has work-related travel commitments, or who has exceptional educational ...
What is temporary custody?
Visitation Rights. Temporary custody is often determined during a separation or divorce, pending a final agreement. The court will determine temporary custody based on the best interests of the child. Agreements may start as temporary but may become permanent by a court of law.
What is included in a temporary custody agreement?
Time period (when the agreement starts and ends) In addition to these details, temporary child custody agreements generally include information about financial arrangements.
Can a parent get permanent custody of their child?
It's important for divorcing parents to know that the parent who receives temporary custody of their child or children during divorce proceedings is more likely to be granted permanent custody in the long run.
Can a child be a temporary custodian?
Choosing a Custodian. Anyone can, in theory, be a temporary custodian. It's important, however, to choose a custodian who will be able to provide consistent care and support, and with whom the child's parents have a strong relationship.
Can a parent ask a friend to care for their child?
Illness or Hospitalization: A parent who is temporarily incapacitated may ask a friend or relative to care for his or her children for a short time.
Can a parent have visitation rights?
Visitation Rights. Typically, a parent who is not granted temporary custody is usually afforded generous visitation rights. A court will award visitation rights unless there are extenuating circumstances such as a history of violence or drug abuse.