Greeley, CO asked in Child Custody and Family Law for California

Q: Hello, I wanted to know if Intend to get custody of a sibling, does it have to been done through courts?

This is not a custody battle. My mom (in California) is of older age and she wants me to take my brother to live with me In Colorado so it can be easier on her. We both are in agreement. However, for purposes such as school enrollment and health care, does this have to be done through courts or can I just get a notary public to draw up an agreement?

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2 Lawyer Answers
Mike Darlington
Mike Darlington
Answered
  • Divorce Lawyer
  • Shingletown, CA
  • Licensed in California

A: What you probably want to do is get a guardianship so everything is legal. However, that raises several issues. First, will the biological father consent?

Additionally, the California courts can only grant a conditional guardianship since you intend to move the child out-of-state and you will the be required to get a permanent guardianship in Colorado would be my guess. I am not familiar with Colorado law but that is the way it normally works.

You would do well to consult with a family law attorney who does guardianship work.

Stephen Peter Anderson
Stephen Peter Anderson
Answered
  • Divorce Lawyer
  • Santa Maria, CA
  • Licensed in California

A: An agreement or authorization is ok for short vacations, but for longer living situations, a Guardianship is better.

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