NJSBA Family Law Section

 View Only

  • 1.  Legal Guardianship

    Posted 09-09-2014 03:58 PM

    I have a potential client who would like to become a legal guardian for his niece. The child lives overseas with her parents, but is a US citizen. She wants to return to the US to finish high school. The child's parents consent to my client being the child's legal guardian so she can live in the US and be enrolled in high school here. Does anyone know how to start the process of guardianship? 

    Thanks!

    -------------------------------------------
    Elizabeth Rozin-Golinder Esq.

    -------------------------------------------


  • 2.  RE: Legal Guardianship

    Posted 09-09-2014 04:11 PM
    If you are talking about DCF's Kinship Legal Guardianship Navigator Program, you can contact the Navigator Program Staff  at 1-609-888-7400, I think.  It is the only way to pursue Kinship Legal Guardianship without the DCPP (new name for DYFS) being involved.  You can also get more information online.
     
    Carol A. Weil, RN, JD
    Attorney at Law
    1405 Chews Landing Rd., Ste. 8
    Laurel Springs, NJ 08021
    (856) 352-0050
    Fax: (856) 352-0276
     
     



    Original Message


  • 3.  RE: Legal Guardianship

    Posted 09-09-2014 05:06 PM
    Elizabeth:

    Call Josh Cheslow in my office. I think you want the uncle to obtain guardianship of the person for now. That is usually done through the Surrogate's office. Josh does quite a bit of guardianship work and he probably can point you in the right direction. Tell him I referred you

    -------------------------------------------
    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600
    -------------------------------------------


    Original Message


  • 4.  RE: Legal Guardianship

    Posted 09-09-2014 05:13 PM

    Elizabeth:

     

    I did this in Union County in 2008 by consent under an FD docket.  I started the process by calling the clerk in that office to find out what they needed.  They wanted affidavits from the mother and father (I represented the father).  The aunt took temporary custody.  You will probably have to tell the parents to go to the US Embassy or a consulate to have the affidavits notarized.  They will have to make an appointment with the embassy since they are very busy.

     

    Feel free to call me if you have any other questions.

     

    Jim

     

     

    James A. Vigliotti
    Ventura, Miesowitz, Keough & Warner, PC
    783 Springfield Avenue
    Summit, New Jersey 07901
    908-277-2410, ext. 24
    Fax:  908-277-1374
    Email:  [email protected]
    Website:  www.summitlawyers.net

     




    Original Message


  • 5.  RE: Legal Guardianship

    Posted 09-10-2014 12:23 PM
    Just a follow up to my post this morning - this is not just about getting some form of legal custody - it is getting custody in a form that will conform with the statutes on eligibility for public education in the district where the aunt and uncle reside.  Custody MUST be both physical AND legal for that to happen - just physical will not meet the demands of the statute and school practice - the relevant statute is NJSA 18A:38-2, which governs non-resident students placed in district by court order.

    -------------------------------------------
    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660
    -------------------------------------------


    Original Message


  • 6.  RE: Legal Guardianship

    Posted 09-10-2014 07:28 AM
    I agree that this can be done by consent under an FD docket number, but remember the consent order must provide for full legal and physical custody or the school district is unlikely to accept the student even though residing in the district.  SInce this is not a hardship exemption for an out of district placement, the client must have full legal and physical custody.  Also probably needed for health insurance coverage under the US guardian's policy.  The term "guardianship" is misleading because there really is no reasonable means of obtaining a guardianship through the surrogate or other process - KLG is not available since 1) the child has not resided with the US family for 12 months and 2) I have yet to get the Children in Court offices in my northern counties to comprehend that KLG IS available on a private basis when DCPP is not involved.  The process they have established is not friendly to private applications.

    Deb

    -------------------------------------------
    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660
    -------------------------------------------


    Original Message


  • 7.  RE: Legal Guardianship

    Posted 09-10-2014 08:11 AM
    Deb: Why do you say that the guardianship cannot be accomplished by an action in the surrogate's office? ------------------------------------------- Robert Goldstein Esq. Manalapan NJ (732)972-1600 -------------------------------------------
    Original Message