Legal Relationships for Kin

Today many children are raised by someone other than their
parents. This article focuses on the many different relationships a caregiver
(i.e., someone who is not a parent) may have with a child in New York State.
Knowing the pros and cons of each will help your family decide what is best for you. This article is designed to be a simple guide- call our office with complex
questions.

INFORMAL CUSTODY does not involve a court order or legal
proceedings. In this situation, a child lives with a caregiver but the parents
retain the right to make most major decisions. These might include medical,
educational, and visitation decisions. Most importantly, when a caregiver has
informal custody, the parent may remove the child at any time. For
instance, a parent may place a child in informal custody and then attempt to
remove them during a crisis or while using drugs or alcohol. A caregiver can
call the police if they believe a child may be in danger, but unless the
situation requires Child Protective Services intervention, the police have
little authority to intervene. Informal Custody may be a good option for your
family if you, the caregiver, have a good relationship with the child’s parent,
and there is clear communication regarding how long the child will live with
you.

LEGAL CUSTODY will give you the legal right to make more
decisions (about school and medical issues, for example) regarding a child
living with you. Legal custody is awarded by a judge, and you must petition for custody in Family Court. If the child’s parents agree that you should have
custody, a simple petition form may be all that is required. If the child’s
parents do not agree that you should have custody, they may challenge your petition. You would then have to show that there are extraordinary circumstances that make it necessary for the court to remove custody from the parents. These could include neglect, abuse, unfitness, or other circumstances. If you are awarded custody, the judge may set up a visitation plan for the parents. Or, you may be awarded joint custody. It is important to remember that custody can be changed by the Family Court if it is successfully challenged at a later date. If custody is not challenged, it is effective until the child’s 18^th birthday.

To file for custody, you go to Family Court, at 25 Delaware
Ave. The phone number is 858-8100. Tell them you want to file for custody
and they will give you the appropriate forms to fill out.

GUARDIANSHIP is similar to legal custody in many ways. When
you are the guardian of a child, you will have the same legal rights you would
with a formal custody arrangement. In addition, guardians usually have the
authority to add a child to their insurance plans, make more medical decisions, and designate a successor guardian. A successor guardian is someone you choose to take care of a child in the event that you aren’t able to do so. There are two very different ways to name a successor guardian in New York- call our office if you have questions about this.

The parents of the child cannot make decisions for the child once you
are a legal guardian, and as in a legal custody arrangement, they cannot remove the children from you. Parents can still be financially responsible for a child with a guardian, and they may be granted visitation rights by the Family Court. Once you enter into a guardianship arrangement, it is standing until the court changes it. If the parents of the child are dead or in prison, this option may be good for you.

There are two kinds of guardianship. The first is guardianship of
the person, where the guardian has the legal right to make daily decisions for a child. The second kind of guardianship is guardianship of the property, where a caregiver can make decisions about the child’s
finances.

KINSHIP FOSTER CARE is a situation that exists when children
are in the legal custody of the Department of Social Services through Child
Protection Services, and then placed with a relative caregiver. The relative’s
home then becomes a foster care home for the child. The caregiver has only
temporary physical custody of the child, and the state DSS retains the legal
right to make all major decisions concerning the child.

There are two important benefits to the foster care system for
the child and the caregiver. The first is that foster care payments are
considerably higher than other forms of assistance, such as Public Assistance.

The second benefit is that foster care homes receive many services
and intensive casework they otherwise might not be eligible for. Some caregivers choose not to give the DSS the amount of involvement with their child that foster care means. Others welcome the additional money and services.

To enter into a Kinship Foster Care arrangement, you and your home
must be approved for foster care, as must other people living in your household. You may have a difficult time becoming a Kinship Foster Care parent if you have a criminal record or a disability that would prevent you from caring for the child. The child you wish to take care of must also be a foster care child. A child may have a difficult time becoming a foster care child if you, the caregiver, already have legal custody, or if Child Protective Services was never involved with the case.

Please feel free to call our office at 847-0655, ext. 241, if you
have questions about Kinship Foster Care for you or your family, even if you are unsure as to whether you might qualify.

ADOPTION is a permanent legal relationship granted by the
court. Once a child is adopted, the natural parent’s rights are terminated and
the adoptive parent assumes all rights and responsibilities of a natural parent. These responsibilities include financial support and the responsibility to care for and educate your child. For children in foster care homes that are adopted and have special needs, there are sometimes subsidies available. Adoption should be sought in Family Court.

There are many issues faced by kinship caregivers in the areas of
public benefits, housing, and family law. In the next issue we will continue to
address some of these legal concerns, with a special focus on grandparents
raising their grandchildren, as the special issues that seniors face may make
care giving more difficult at times.

Article Source: http://freelegalinformation.info

Neighborhood Legal Services, NY