I'm in a financial situation I lost my job lost my apt and now looking for work where my sister is going to take my 10 year old son temporary until I get back on my feet. I live in NYC and have complete custody of my son the father has no role much and my son has my last name.He has no rights.
My sister said I have to go to court to make sure things are done the right way and file for a temporary guardianship.This is temporary only and she knows how do I do this through court?

Yes... what exactly is your question? She's right about needing it, with all the legal reasons these days that you both need, but mostly her, in case someone accuses her of kidnapping, or if he goes to a different school, or snap medical decisions have to be made. She sounds like she has your and his interests at heart, but still, read what the documents say, and plan on being in court with her to hear it from the judge. I can't see you having any reason to fear losing him, as long as you aren't on drugs and committing crimes. It tales a LOT for someone to wrench custody away from the bio mother who has cared for the child since birth. Try not to worry; you have enough to worry about. Be glad you have her.

Yes you need to give her temporary guardianship so she can authorize medical treatment etc. in an emergency.

Check this site
NY City Family Court -- Guardianship FAQs (http://www.nycourts.gov/courts/nyc/family/faqs_guardianship.shtml)

... She's right about needing it, with all the legal reasons these days that you both need, but mostly her, in case someone accuses her of kidnapping, or if he goes to a different school, or snap medical decisions have to be made. ...


Yes you need to give her temporary guardianship so she can authorize medical treatment etc. in an emergency.

Check this site
NY City Family Court -- Guardianship FAQs (http://www.nycourts.gov/courts/nyc/family/faqs_guardianship.shtml)

A power of attorney should be sufficient. The site to which Scott linked contains forms and procedure for the situation where the actual parent(s) are either unavailable or unwilling to delegate their parental rights.

A power of attorney should be sufficient. The site to which Scott linked contains forms and procedure for the situation where the actual parent(s) are either unavailable or unwilling to delegate their parental rights.

Courts are not "to make sure things are done the right way", especially when everyone is in agreement. That's what attorneys are for. If OP goes to court to get her sister appointed guardian, she would have to go back to court after she gets back "on her feet". At that time the sister may oppose.

So, what OP should do is give her sister a POA. That way, she can revoke it whenever she wants.

I would agree that a court approved guardianship may not be necessary in this instance.

Glad to hear and I stand corrected.