Legal Avenues for Caring for Non-Biological Children

In many blended family communities, children are often cared for by family members or individuals who are not their legal parents. In these situations, it can be difficult to make legal decisions without parental consent, especially during emergencies when a parent cannot be reached.

If you are a caregiver, I highly suggest taking steps to establish legal measures to ensure you can properly care for the children in your charge. There are several options available to you, and the table below outlines the differences between them.

For more information, please schedule a consultation with my office to discuss your specific needs and determine the best legal option for your situation.

• Grants you specified decision-making authority regarding the child in your care. This authority includes, but is not limited to, making decisions concerning the child’s      schooling, medical needs, and travel. 
• This authorization can be revoked at any time. 

•  A court order granting an adult family member the authority to care for a minor child currently in their care. 
• To obtain this, a petition must be filed with the court. If granted, a temporary custody order allows the petitioning relative to make necessary decisions regarding the child's care.
• The order remains in effect without the need for additional court appearances unless a new motion is      filed to terminate the temporary custody. 

•  A court order granting authority to a family member or adult to care for a minor child.
• Reporting Requirements: The guardian is required to submit annual reports detailing the child's care, including updates on schooling and medical appointments.
• Property and Funds: If the child possesses property or assets, an annual accounting of the use of the funds and or property is required.
• This authority terminates when the child reaches the age of majority or by further court order.

•  A court order terminating a parent's or parents' rights to allow petitioning adult or adults to become the legal parent or parents of the child.
• Duration: Permanent.
• Reversal: Can only be overturned based on specified statutory grounds.