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legal guardianship --need help

momx5gma6's picture

:? :? My husband of 7 years wants to have legal guardianship of my boys. I feel like why does he need legal guardianship? I rarely does anything for them. I always buy their clothes and shoes, take them for haircuts, and transport them where they need to go. I think he feels like if he has guardianship he has more say so on what they can and can't do. He took my son today to get his learner's permit (only because I have class on Saturdays) and he couldn't sign because no legal documentation proofing my son lives with him. my boys are 14 and 16...

Maybe it's something that I am not understanding.

texstep's picture

Legal guardianship just means he can do things he couldn't do otherwise-- like take them to get their driving permits, doctors appts, etc. Things that a minor needs a parent or guardian to sign for. IMO if you and their Bio-dad are available majority of the time, its really not necessary; especially since your boys are so close to being of age anyway. If DH and I were to become the CP's of SS3, I would request legal guardianship rights to him because I would be his primary care giver since DH works so much. Plus my since my SS is a preschooler, there are more things he needs parents or guardians for.

I think it probably just struck a nerve that the Department of Motor Vehicles wouldn't allow him to get your son his permit. Its hard to have all of the responsibility for a child, but not have any say as far as the world is concerned.

Rags's picture

Generally he does not need guardianship since you are the CP. He can pretty much do anything a parent would do until someone in some type of authority tells him otherwise. Which is exactly what our attorney told me when my wife and I married as far as my SS was concerned.

During my 17yrs as dad to my SS-19 while he was a minor I signed for everything. Report cards, PT conferences, Driver's Licenses, Passports, doc appointments, etc, etc, etc.....

I never once had anyone prevent me from signing or prevent him from doing the things I signed for including his DL. For sure no doctor's office ever refused to treat him or take my money when I was the parent who took him to his appointment.

My wife and I had Guardianship of my wife's sister for a year. That allowed us to claim her on our taxes, put her on our health benefits, etc.....

I am not sure if you can obtain guardianship status for your DH over your BKs without BioDad's signature. It took both my FIL and MIL to sign for us to get guardianship over my SIL.

Hope this helps.

Kilgore SMom's picture

I have always sign for my SS at school the Dr. office, all his sporting activity. No one has ever asked me anything. I've been doing this for 5 yrs. At the age your son are it doesn't seem nessacary(?spelling)

PeanutandSons's picture

I don't have guardianship over my skids and I sign for everything. No one has ever questioned it. I do have a paper noterized by my Dh that authorizes me to make medical decisions, but I have never needed it. He just typed it up like 6 years ago and we had it noterized at the banks, for just incase. I've taken both skids to dtd, the ER, specialists ect, and no one ever asked anything, even when I was just the gf and had a different last name.