Q: legal guardianship an support for minor child.
6 year old child living with a family the mother of the child has a boyfriend in the family! The mother basically abandoned the child an has been on the streets doing herion for the past 2 years ! She is now incarcerated an the head of the family watching him has died an has a huge trust!! Nothing in trust is for this child he has been caring for the child the past 2 years! The boyfriend isn’t mentally capable to take care of the child on his own. I am a family friend an have had the child for the past 50 days. He has no other family or kinship. Dfs told us they would like us to take legal guardianship. I have asked the family for some financial support for this child. They are refusing. My question is can the trust be challenged! He took care of this child for 2 years! Is it only the states responsibility now to take him or could he possibly get money for support from the trust?
A:
No, the trust cannot be challenged. Though the family head seemed to be doing mother a favor by caring for the child in the first place, it does not sound as though this family is actually responsible for the child. While in state custody, it is the states responsibility to care for the child; and should you seek a guardianship over the minor child, then you would be responsible for the child. Despite the fact that this person cared for the child for two years, he or she has no duty to the child and you would not be able to receive a portion of that trust.
However, it does sound as though you are in need of a guardianship action over the minor child, and encourage you to speak with a family attorney in your area as soon a possible.
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