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SPIZEEGRL · May 21, 2007, 08:07 AM

My nephew is currently in the CPS's custody. My sister would like to give up her parental rights. (The father became homeless 5 years ago and has had no contact with his son and no one knows his whereabouts) I read on the CA family law website that there can be a "private agreement" between the parent and another individual to take over custody. This is the route I'm hoping to take with my sister to avoid going to court and applying to be my nephew's guardian. Does the private agreement need to be drawn up by an attorney or is it just as binding to draw it up ourselves? Even though my sister is still financially obligated, the CPS caseworker told me I am not automatically entitled to receive child support from my sister? If she is supposed to be financially responsible, is the case worker correct and I have to go through the court to petition for child support? If the courts grant me guardianship, do I assume financial responsibility or is the mom still financially responsible?

Fr_Chuck · May 21, 2007, 09:21 AM

Esp since the child is in CPS custody you will have to go though the courts And yes you want to go though the courts. IF you get guardiasip you wll be financial repsonible, same as if you get custody, you may file for child support against the mother but child support only covers a fraction of the actual costs of a child