What if the parents agree to let me care for their child and don't want to go to court?
They can sign a notarized letter that says you have "custody" of the child. The letter should give you permission to make decisions about the child's education and medical care. It's also a good idea to get a medical release for emergencies.
Remember: The parents can cancel this agreement at any time.
What if the parents aren't available to sign an agreement with me?
If the parents are not available to sign a private agreement, you can fill out a Caregivers Authorization Affidavit. This form usually lets you enroll the child in school and get medical care for the child.
The Caregivers Authorization Affidavit is not an official court form. But the law says you can fill out this form if you are related to the child.
Remember: The parents can cancel this Affidavit at any time.
Can I meet all the child's needs with the Caregiver's Authorization Affidavit or a notarized letter from the parents?
Maybe not. Here's why:
Not all schools or medical facilities accept the Caregiver's Authorization Affidavit or a notarized letter.
The parents can cancel these forms or a letter at any time and take the child, even if it's not safe for the child.
It may be hard for you to get medical insurance for the child unless you are the legal guardian.
Fishel & Fishel, Attorneys at Law is a Law firm serving the Contra Costa County are including the Northern California East Bay communities of Alameda, Albany, Antioch, Benicia, Berkeley, Brentwood, Byron, Castro valley, Claremont, Concord, Danville, Dublin, El Cerrito, El Sobrante, Emeryville, Fairfield, Fremont, Hayward, Hercules, Lafayette, Livermore, Martinez, Montclair, Moraga, Oakland, Oakley, Orinda, Piedmont, Pinole, Pittsburg, Pleasant Hill, Pleasanton, Point Richmond, San Leandro, San Pablo, San Ramon, Union City, Vacaville, Vallejo, Walnut Creek. We have over 18 years experience in the practice of Family Law covering Child Custody, Juvenile Law, Divorce, Dissolution, Personal Injury, Criminal Defense.