Custody & Kidnapping

There are often different options that could allow for a non-parent to have the power to care for a child and make major decisions about his/her welfare - some may involve going to court and some may not. Sometimes, if a non-parent wants to register a child for school or believes that s/he may have to take the child for medical care, s/he may be able to call the school to ask what legal forms are necessary to register that child in school; or s/he may call the local the doctor’s office or local hospital to ask what forms would be required to authorize medical care. It’s possible that the school or local doctor/hospital may indicate that whether or not they would accept a power of attorney form signed by one of the child’s parents or whether they may require some sort of legal guardianship or custody document from a court.

Although I cannot speak to STATE laws in particular, in many states, temporary custody and guardianship orders go through the courts and are orders that have to be signed by a judge. With custody, generally a person who wants custody may need to file for temporary custody and both parents would be served with the court papers and have a chance to appear in court and to consent or object. Parents generally have first right to custody and so sometimes if one parent wants another person to have custody, the other parent may object and have the first right to custody. Again, I cannot say for sure what the process is like in STATE because I am not specifically knowledgeable about STATE’s laws.

We do have some information on custody in STATE on our website [HYPERLINK] but it only addresses general custody issues between parents, not necessarily giving custody temporarily to a third party. (NOTE TO STUDENT - LOOK TO SEE IF WE DO HAVE A QUESTION ABOUT CAN A NON-PARENT OR GRANDPARENT FILE FOR CUSTODY AND IF SO, LINK TO IT AND MENTION IT)

Another way that sometimes a parent may give another person power to make decisions over a child is through signing a power of attorney (POA) form, which is often done in front of a notary as opposed to going through a court. Although we do not have any information about power of attorney, I did find a website that seems to explain the POA form. Please know that we are not affiliated with that site and I cannot vouch for the accuracy of the information contained on it. NOTE TO STUDENTS: YOU CAN LOOK FOR THAT WEBSITE IN HER STATE OR SEE IF YOU FIND SOMETHING ELSE IN HER STATE THAT SEEMS TO EXPLAIN POWER OF ATTORNEY However, for a POA, the parent needs to grant it to the non-parent and so if the parent is not willing to do this, the non-parent may have to pursue another option.

It is often best to get advice from an attorney when dealing with custody issues. Perhaps you may be able to ask an attorney in your state about the pros and cons of trying to do a temporary custody versus a temporary guardianship versus a power of attorney. You can find free and low cost lawyers on our website. [HYPERLINK]