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THEPHEONIX · Mar 5, 2011, 05:01 PM

A friend of mine asked me to take her son for a while and i told her yes as long as she made sure she gave me temp custody of him so i can get him in school and medical coverage. She agreed but the paper she gave me was a scribbled note that no one will take. ive had him for 2 months now and i ask her everyday to fax or send or even overnight that paperwork. She says she's sent it twice and faxed itonce but ive gotten nothing, hes not in shool and hes a 8 year old boy and im afraid hes losing valuable time not being in school. If i decided to file for custody on the grounds of abandonemt how long would she have to be gone and not helping me support him for it to be considered abandonment, and if i did try to get custody by filing what are the chances he would go to foster care instead.. i have no idea what to do but my goal is to keep this child in our safe home and get him in school... help please

Fr_Chuck · Mar 5, 2011, 05:46 PM

There is no "paperwork" for the mom to give you temp custody, temp custody has to be though the court, she could give you power of attorney to get medical care for the child, but that is about it.

Next start home schooling if the child is not in school, also go see the head of the school system, since they are also denying the child his education.

But yes, she has not abandoned the child if she is in contact, she has just not taken care of the needs of the child. She needs to at least come back and enroll him in school at your address and then take off again,

You need to tell her that you are going to court for custody or guardianship

THEPHEONIX · Mar 5, 2011, 05:52 PM

Ok i contacted the school district and they said they need the paperwork as well. And i thought not taking care of the needs to your child is considered abandonment. I looked up the guidelines in washington and all except ones applies. So if i go for custody is it filed based on a reason or jus filed as attempt to get custody.. i apoligize, im a college graduate but this makes me feel real dumb as i have no idea and can't seem to find any time frame in place to use as a guideline for filing..

AK lawyer · Mar 5, 2011, 06:01 PM

Originally Posted by THEPHEONIX

OK I CONTACTED THE SCHOOL DISTRICT AND THEY SAID THEY NEED THE PAPERWORK AS WELL. AND I THOUGHT NOT TAKING CARE OF THE NEEDS TO YOUR CHILD IS CONCIDERED ABANDONMENT. I LOOKED UP THE GUIDELINES IN WASHINGTON AND ALL EXCEPT ONES APPLIES. SO IF I GO FOR CUSTODY IS IT FILED BASED ON A REASON OR JUS FILED AS ATTEMP TO GET CUSTODY.. I APOLIGIZE, IM A COLLEGE GRADUATE BUT THIS MAKES ME FEEL REAL DUMB AS I HAVE NO IDEA AND can't SEEM TO FIND ANY TIME FRAME IN PLACE TO USE AS A GUIDELINE FOR FILING..

Please loose the all caps. It give me a headache.

It is likely that there is not a set period. Just file something and the courts will try to work with you.

THEPHEONIX · Mar 5, 2011, 06:21 PM

I apologize. There are guidelines for that, I looked online and all states have them however most states are a year.. I don't know where to look to find the rules for Washington state I can't file something with the courts if I'm not sure what it is Im doing, hence the question. I was looking into getting temp. custody so hed be able to go to school and my sister told me I could go to jail if he's not in school, Im not how sure that is true, however. But again I can't just "file something" they don't have the paperwork to file 'something"

Fr_Chuck · Mar 5, 2011, 06:24 PM

Also just because you physcially have the child, does not mean the court will just allow you to have custody, what relationship do you have to the child,

Where is the child's father, he will also have the next claim to custody, have you contacted the father yet ?

ScottGem · Mar 5, 2011, 06:28 PM

First please review the guidelines on using the ratings. You used it inappropriately on AK's answer.

Second, while there may be a difinition about abandonment, they are guidelines. No court is going to award custody or terminate rights in the circumstances you relate.

You need to file for temporary guardianship and the mother has to go to court to acknowledge that's what she wants.

THEPHEONIX · Mar 5, 2011, 06:37 PM

Paternaty has never been established, but the man that she claims is the father does not claim him or had any contact with the child. He is currently incarcerated in a state penitentiary. And I don't necessarily want to take custody but I do want to get him into school and medical benefits. I believe she's not giving it to me because she is still receiving state benefits for him. I don't want him to continue to miss out on school. My only option can't be that I just have to wait until she decides she wants him back... IF she wants him back. I've known him since birth, mother and I have been friends for 12 years. The mothers home is also an abusive and not healthy home as she's had repeated child protective referalls. I just don't want the little boy to go to foster care when he's currently in a safe home.

ScottGem · Mar 5, 2011, 08:28 PM

But you NEED to get legal guardianship at the least. And the only way to do that is through a court.