My 5-year-old cousin is in a harmful environment. My uncle and his wife are both alcoholics and have a history of abusing methamphetamine. They haven't had electricity in their home for over a year, and the other utilities have been off for several months. They fight with each other on a daily basis. The amount of emotional, verbal, and physical abuse in their home is overwhelming. Would the state honor a drawn up contract, if they are in agreement?
Matthew Thomas MajeskiDivorce / Separation LawyerWoodbury, MN ·
Yes a judge has the authority to make a court order out of a stipulated agreement between you and the parents to give you temporary custody. That may or may not be your best immediate response, though. It sounds like the child may be endangered, in which case you may want the Minnesota DHS to investigate the situation and provide safety for your cousin immediately.
There are a couple of different types of legal "agreements" that you could have your aunt and uncle sign that would give you temporary custody of your cousin. A custody consent decree or a delegation of parental rights are two that come to mind and are accepted under Minnesota law as legal methods to transfer either custody or parental rights to another short of terminating the rights of the parents.
You could also contact Child Protection as the attorney above suggested. However, be aware that if Child Protection determines that your cousin is in need of protection and removes him from the home, the county is not obligated to place the child in your home even if that is what you and your aunt and uncle desire.
Yes, you could have a consent decree drafted or a temporary guardianship entered, but it sounds more like you need to contact social services on a CHIPS petition - this is clearly an endangerment issue.
I strongly agree with Ms. Cooper. If both parents are willing to agree to allow your cousin to live with you, they could sign an agreement that would give you temporary parenting rights. However, that agreement would be temporary and revocable. The only way for you to obtain more permanent rights would be for both parents parental rights to be terminated.
This could be done on a voluntary basis by the parents (though I've never seen that done), or by county intervention. The county intervenes when child protective services is notified of a concern, conducts an investigation, and substantiates that abuse/neglect has occurred. If neglect/abuse is found, however, there is no guarantee that the child will be placed in your care.
If the parents are both willing to sign an agreement granting you temporary custody, it may provide them with the time they need to either clean up their act or separate. It is also the quickest, easiest, and cheapest approach. There are a few different tools that are available for you. I would contact an attorney to help you draft an agreement that will provide the child with the greatest amount of protection.
