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Younger sister to stay with me for 1 yr (Family Law)

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• Tue, 06 Apr 2004 23:53:00 GMT(1)
• I got that from an attorney in Wisconsin..!
• Tue, 06 Apr 2004 13:29:00 GMT(2)

• Quote:

  Originally posted by Jshabaker
  So, what is the difference between TEMP CUSTODY and Guardianship? In this case, sis just wants to live with me for one year (not on bad terms with my mom or anything) but just to see what else is out in the world BEYOND my mother's "realm" per say. Just wondering which would give me more power in terms of taking care of a minor...? I know that Guardianship expires every 6 days unless extended by the court. I don't want to have to keep extending the guardianship. (Wisconsin law...) Any advice?

  She cannot just do this. After all, the child has another parent, called a father, who has rights. The mother of the child isn't the only one with rights here. The father has rights and so does the child. The fathers rights have not been terminated and he has joint custody. He has the right to file for custody and support from the mother of the child.
• Tue, 06 Apr 2004 13:53:00 GMT(3)

• Quote:

  Originally posted by oberauerdorf
  Actually VG, dad is o.k. with the idea, it's mom who is wavering

  DUH! That's twice in one week that I missed something important. Dang, I must be getting old.
• Mon, 05 Apr 2004 22:00:00 GMT(4)
• Thanks for the reply. I'm not too concerned about the child support. My mother is very reluctant to let go of my sister BECAUSE of those child support payments. I make very good money along with my husband. She can keep the support payments - but I guess I wanted to put her mind at ease to tell her she can still get her money as long as she let my sister come stay with me. My mother isn't fit to be a mother (personally) but I appreciate your input. Would I actually have to file paperwork with the court or can the parents do that?
• Tue, 06 Apr 2004 11:31:00 GMT(5)
• So, what is the difference between TEMP CUSTODY and Guardianship? In this case, sis just wants to live with me for one year (not on bad terms with my mom or anything) but just to see what else is out in the world BEYOND my mother's "realm" per say. Just wondering which would give me more power in terms of taking care of a minor...? I know that Guardianship expires every 60 days unless extended by the court. I don't want to have to keep extending the guardianship. (Wisconsin law...) Any advice?
• Tue, 06 Apr 2004 07:28:00 GMT(6)
• IF mom says o.k. you file immediately for temporary custody. A letter, whether or not notorized, is meaningless and only an order from the court will make this legal.
  You can also file for guardianship. You should be speaking with an attorney right now.
  As for support, once the sister is living with you, have the order amended to direct the payments to you. That is not your money, or mom's money, but money to care for your sister. IF you make enough so it's not a problem, then put the money in an account for sis so that college, training or other future concern will be taken care of.
• Tue, 06 Apr 2004 13:37:00 GMT(7)
• Actually VG, dad is o.k. with the idea, it's mom who is wavering
• Mon, 05 Apr 2004 21:54:00 GMT(8)
• I believe your parents would both have to grant your guardianship and the court would have to award you child support. Whether this will even fly will depend a lot on your situation and the why's behind this move.
• Tue, 06 Apr 2004 10:24:00 GMT(9)
• Yes, and then I'm sure dad will insist that mom also pay you child support. After all, she is financial obligated to support the child also.
• Mon, 05 Apr 2004 22:08:00 GMT(10)
• You can expect that if your sister is not living with Mom, Dad is going to file to have CS either stopped or be payable to you. So Mom's not going to be getting those checks unless you sign them over to her.
  Unless paperwork is filed with the court, you will have no legal standing to keep your sister if your parents change their minds. If they agree with the move, your best bet is to have the papers drawn up and filed.
• Tue, 06 Apr 2004 11:39:00 GMT(11)

• Quote:

  I know that Guardianship expires every 60 days unless extended by the court.

  And just where did you get that? From reading the exact statute yourself or from an attorney?
• Mon, 05 Apr 2004 23:26:00 GMT(12)
• Actually sister is living with mom and CS checks are going directly to her. Do I need to get a lawyer involved in this entire process? What is your recommendation? Dad has okay'd the move (he says he'd prefer her living with me that mom) and mom is "thinking" about it...your recommendation regarding hiring a lawyer?
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