How to obtain guardianship of a child?

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My daughter is currently incarcerated in Pennsylvania but is due to have a baby in November. I will be taking immediate custody of her child. Here are my questions: How do I or can I get guardianship of her child prior to the birth? What forms do I need to get guardianship? Which state do I file for guardianship, the state she is incarcerated or the state in which I live? (Before my daughter's incarceration she was living with me) What can I expect from this process (how long does it take)? Is a guardianship county jail form completed by my daughter and notarized enough for me to be granted guardianship or must courts be involved? ( I have to file for FLMA with my job and Medicaid for the baby) Thank you in advance for your assistance.

Attorney Answers

2
John Russell ·
First question. Where is dad? Without the Answer to that question, the whole plan could well blow up. If dad agrees to the plan, get a written agreement that spells out your rights and obligations. You do not necessarily have to start off with a Court Order, but depending on the personalities of the parents, it may be well advised. See an attorney about an agreement and your other questions.
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David Mahood ·
If the father and mother are willing to allow you to have guardianship, then it is a matter of filing the paperwork and getting the court order. But if the father is opposed, then you will have a fight on your hands. What is the father telling you about all of this?
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