How do I get temporary guardianship?

My sister has just called me and told me that she is having a baby next month. She wants my husband and I to take temporary guardianship of this baby so the baby does not go to the department of children and families. I talked to the court house and they told me that there is no way to take temporary guardianship of a baby that is not born. So I am not sure of where to go from here or what my sister and I need to do. Can anyone help?
Additional Details
She does not have an open case with dcf but she does have a warrant out for her arrest, and she is sure she will go from the hospital to jail. She wants us to have guardianship anyways because she wants to get her life together before she includes the baby. At least thats what she told me?

Randy B

Speak with a lawyer who can help you sort this out. The court is correct in their advise to you though. The child does not exist in the eyes of the law until born and even if you do have some arrangements in place DSS can still step in for the good of the child until they verify what you are doing, and it's overall impact for the child. Obviously, if your sister is worried, then she must have had some dealings with the law or with DSS before now so that she is on their radar.

If DSS does come looking and you try to tell them that you already have temp guardianship of the child don't expect them to back off because they know that once they do you could give the child back right afterwards then the child, in their eyes, would be back in problems again. By working with DSS and with your lawyer however you do have a better chance of making sure that 1) the child is protected; 2) you are protected; and 3) the child's mother is protected.

DSS has plenty of power to spare in most situations and if you try to do this yourself you will find that the papers you have may not be worth the paper they are written on.

cricketlady

If the state agency gets involved their first plan of action is to place the child WITH FAMILY. If she goes to jail her family would be the first to be considered; if their record is clean. They need to pass a background check same as people who foster---as it should be. Good luck. We done the temp. guardianship also. You hang in there.

Chad B

First, you need to go to the court house or hunt online for the paperwork for temporary guardianship and fill it out and have it ready for when your sister gets out of the hospital to sign if front of a notary then go file it at the courthouse, second, you need to have some sort of form you typed up that talks about who pays for what again needed to be notarized.

Keep these papers in close hand because you might need them later.

I don't know the situation, but I wish you luck.

Mommy of 2

Typically you need to talk to a lawyer or someone at the court house about what things need to be done...I know someone who was taking custody and they had to be there at time of delivery in order for them to get the child and not the state! Call for free legal advice!

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