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Commonly Asked Questions about Legal Forms for Adults with Minor Children

To have a standby guardian appointed for a child, the parent or legal guardian must: Sign and complete a Designation of Standby Guardian form. This form allows the parent to indicate whether they want the named standby guardian(s) to be the guardian of their childs person, property or both.
1. I hereby declare that I have legal custody of the above named child. 2. I hereby grant my full permission and consent for the temporary guardian to establish a place of residence for my child, and for my child to reside and travel with said temporary guardian.
Guardianship requires going to court and only a judge can appoint a guardian. A person may need a guardian if they are unable to make decisions, manage their affairs, and are at risk of harm because of serious illness, disability, dementia, or other conditions that impacts their ability to think and act clearly.
Temporary orders Also known as pendente lite orders, these orders can dictate physical custody, visitation and child support throughout the litigation process or settlement process. Theyre often issued at the first appearance or conference, and they remain in effect until a judge modifies them or issues final orders.
A standby guardian is a person who is given temporary authority to care for another persons minor child, while the parent or legal guardian is still alive. The purpose of naming a standby guardian is to ensure that the child is able to receive immediate care from a trusted person if a specific event happens.
Another way to obtain temporary guardianship without court is through a Power of Attorney (POA). A POA is a document that grants authority to an individual to act on someone elses behalf. The POA can be limited in scope, so the guardian only has authority over specified decisions or tasks related to the child.
To file for temporary emergency custody, you will file it by order to show cause with an affidavit and petition for custody attached. You will file the application in the family court in the county your child resides in.
Forms are available at .nycourts.gov or at the Family Court Clerks office. If you believe the child is in imminent danger, there is a place on the petition to request immediate, temporary relief. In such cases, a Judge reviews the petition and makes a determination of how best to protect the child.