District of Columbia Temporary Guardianship Agreement

State:
Multi-State
Control #:
US-01975BG
Format:
Word
Instant download

Description

A temporary guardianship involves a document in which a parent grants temporary custody of his or child to another person or institution. Temporary guardianship occurs when an adult takes legal responsibility for a minor child who is not his or her own. In order for guardianship to be considered temporary, the adult must be legally responsible for the child for less than six months in some states. Temporary guardianship may be established without going to court. A child's parent may sign an agreement naming another adult as his or her child's temporary guardian. For example, a parent who is going on active duty in the military, or who will be stationed for a short period of time overseas, may choose to sign an agreement naming a grandparent, relative, or family friend temporary guardian of his or her child. Because a temporary guardian isn't permanently responsible for the child in his or her care and was not ordered by a court to be a guardian, doctors may refuse to treat the child and schools may refuse to admit the child to classes without a parent's consent. For this reason, some states have enacted a law that allows schools and medical providers to accept a Caregiver's Authorization Affidavit from a temporary guardian. This allows the temporary guardian to take full responsibility for a child.

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FAQ

Sharing Decision Making Rights Even though some custody orders specify that the parents share joint legal custody, one parent may end up having tie-breaking authority, which means that if the parents cannot agree, that parent has the final say and the right to decide.

Overview of Child Custody in D.C. There are two types of custody a judge must evaluate in any case involving children: physical and legal custody. A parent who has "physical custody" of a child, primarily lives with the child.

Except as limited pursuant to section 21-2044, a general guardian or a limited guardian of an incapacitated individual is responsible for care, custody, and control of the ward, but is not personally liable to third persons by reason of that responsibility for acts of the ward.

To be a guardian, a person must petition the D.C. Superior Court to be appointed. After the petition is filed, the petitioner mails or delivers the required notices to the interested persons of the case. Interested persons often include the heirs of the ward as if he or she had passed away.

When two parents are not married and have a child together, the mother would be provided complete parental privileges unless and until the father establishes paternity.

You can file for custody in the District of Columbia if your child has been living in D.C. for at least six months before your case is filed, or your child lived in D.C., has been away less than six months, and either you or your ex continues to live in D.C. In order to start a case, you must file a Complaint for ...

Section 21-2046 - Temporary guardians (a) Temporary guardians are guardians appointed for a finite period of time. Temporary guardians include emergency guardians, health-care guardians, and provisional guardians.

In order to be awarded temporary custody you must file a request for a pendente lite hearing and request pendente lite custody in the Complaint for Custody or Divorce. Legal and Physical Custody ? Final court-ordered custody orders have two components, legal and residential.

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District of Columbia Temporary Guardianship Agreement