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What type of document is needed to sign over temporary custody of a child?

Question Details:Granddaughter lives with grandparents; mother and father willing to sign over temporary custody. Do I need more than a simple paper, do I need to file Will, or will I need more?

Asked 2 years ago under Child Custody, Support, Adoption | 1255 Views | More Legal Topics

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MTD, Member, California Bar | FreeAdvice Contributing Attorney Answered 2 years ago

You will absolutely need more because the child's needs to be covered, not just the grandparents' needs.  So, going through court will most likely require a guardian ad litem (court appointed lawyer) for the child.  Think of him or her as a child advocate. This is pursuant to Indiana Code 29-3-2-3.

Guardianship in each states means something different in terms of the length of time custody would be considered temporary.  Typically the only time a hearing may not occur is if it is under an emergency (think hospital stay due to accident). 

Consider hiring an attorney to help you and the parents prepare the documentation necessary and the goals of the temporary custody.

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