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makmar · Aug 11, 2008, 03:49 PM

My sister-in-law wants her son to live with us permanantly. *We are his uncle and aunt obviously* She has no problem in signing over her parental rights and giving us full custody/legal guardianship, of him. He is actually staying with us right now. He originally came down for the summer, but his mom has since decided he needs to stay with us. The only catch I can see is that he is from Alberta Canada, and we live in Kentucky. All this has happened very fast in like the last week, and we need to get him started in school here. His school in Canada does not start until Sept, however here is started last Tuesday. The school says he can not enroll until we have a court order stating we are the legal guardians of him, and were actually hesitant about him starting without a SS#. I tried to see a lawyer today but they were in court, and it will be the end of the week before I can see them. I do not want him falling behind in school. He is 15, and starting 9th grade. Any help is appreciated.

makmar · Aug 13, 2008, 01:47 PM

Any help anywhere?

stinawords · Aug 13, 2008, 01:56 PM

Sorry no one answered sooner I just saw this. I know you don't really want to hear it but you really have to get with a lawyer that will take on this case. It can be a matter of paperwork but because of the different country thing it can take a LOT of paperwork and time. The sooner you are ablt to retain one the better. As for his school, I would do as much with him as I can so that he won't be as far behind as he would be never having seen some of the stuff. Get ahold of the school he will be attending and find out what classes he will have then start giving him mini lessons before he starts to get him rolling.

cdad · Aug 13, 2008, 02:26 PM

OK, If you have paperwork showing that the current legal custody parent has the authority then they can turn that over to you with papers showing you having temporary guardian signed and notarized. That should allow you to get the boy into school. You will need to show length of time and also have the school records from the last school. So if mom puts 1 years time on the guardianship then you should be able to enroll and he complete a full year.
On a side note. Where is the dad ? And if he has rights to the child he could come take him anytime. Also crossing an international boarder without the other parents knowledge could be considered kidnapping so be careful and be aware.

makmar · Aug 14, 2008, 08:12 AM

Dad is no where in the picture. He has had no contact with his son. He is married and has 3 kids of his own, he is not even listed as a father on the birth certificate.

ScottGem · Aug 14, 2008, 09:09 AM

There is a difference between guardianship and having parental rights. In the shoirt term you want to get legal guardianship. To do so you will have to go to your local family court and produce documentation that the legal parent(s) want you to have legal guardianship.

Do NOT at this point say anything about the mother giving up parental rights. That only becomes an issue if you decide to go the next step, which is adoption. It will be easier and quicker to obtain legal guardianship.

makmar · Aug 18, 2008, 02:03 PM

Well as of right now I have had 4 different answers from immigration, I believe they are the UCIS or something along that line. I was initially told all I needed was to apply for a student visa, then I called back to confirm I could place him in school they said I can not get him a student visa, that there was nothing at all I could do unless I adopted him, and in the meantime he would have to go back and I guess live on the streets and fend for himself in canada, whatever. Then I call back again, after contacting my local congressman, whose "Immigration expert" is out of the office until Thursday, and as per my congressman's request get the id of the person "helping" me. So this time I get a totally different answer and I am told I need to contact the Dept. of State to address the visa issue, that immigration can not help me. Go ahead for running around in circles. I have called the Dept. of State, but they are all busy, and I keep being told to call back at a different time. Meanwhile my nephew sits at home, without getting an education. As far as getting an immigration lawyer to help me, well, they are all evidently to busy to help me, or are waiting 2 weeks to call me back. I have tried, 5 different lawyers, I am awaiting their call back to this urgent matter.
While it seems the guardianship will be easy enough to do, the allowing him to stay here is not. 90 days after he arrived he has to leave, and go back to Canada. Talk about rocket science. Our govt can put a man on the moon, but they can not figure out what needs to be done to let a 15 year old boy, who has never ever been in trouble, live with an uncle and aunt who will take care of him. Ridiculous!

ScottGem · Aug 18, 2008, 05:00 PM

I would go back to your congressman's office and tell him about the run around you are getting. Immigration is correct that State issues Visas.