NJSBA Family Law Section

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  • 1.  Guardianship of a Minor vs. Private Kinship Legal Guardianship

    Posted 01-04-2022 10:37 AM
    Good morning everyone,

    I have a client who is the caretaker for her nephew since last year when the boy's mom passed away.  Caretaker hired my firm to pursue guardianship and I'm researching whether to file for Guardianship of a Minor through the Surrogate or a private Kinship Legal Guardianship through the Superior Court.  At this time there is no will, property, or estate from the mother to be passed which would necessitate guardianship of property. 

    1.  Is there an advantage or disadvantage to one over the other in terms of length of the process, outcomes, etc?

    2.  Has anyone pursued a private Kinship Legal Guardianship?  I'm aware of the navigator program and looking for insight into the procedural aspects of this process.

    Thanks in advance.

    ------------------------------
    Chris Yates, Esq.
    Yates Law LLC
    Business Law Attorney for Chefs, Restaurants, and Hotels
    Child Welfare Law, Matrimonial and Criminal Defense
    Of Counsel to Park & Caporrino, LLP

    20 Mercer Street Suite 3i
    Hackensack NJ 07601

    Phone: (551) 300-1303
    Fax: (551)-340-4603
    Email: [email protected]
    ------------------------------


  • 2.  RE: Guardianship of a Minor vs. Private Kinship Legal Guardianship

    Posted 01-04-2022 11:14 AM
    I would avoid KLG - the Navigator program can be a bear to deal with on a private basis and your clients would need background checks and a home investigation.  Depending on the office, Navigator folks often only speak "DCPP"

    If you can get it done through the Surrogate or an FD custody action, much easier.

    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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