Q: How do I start guardianship for my boyfriend in RI for my daughter with sole custody?
I have sole legal and physical custody of my daughter, who is almost 2 years old. Her father has only met her once when she was four weeks old, and he has had no contact since June 2023. He is supposed to pay $300 a week for child support, but it's inconsistent. I am considering having my boyfriend file for guardianship since we are not married and he cannot adopt her. I would like to know the process and laws involved in establishing guardianship, especially considering that her father hasn’t been involved or objected to this, and I am concerned about who would care for her if something happened to me.
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A:
To begin the guardianship process in Rhode Island for your daughter, you would need to file a petition in Family Court. Since you have sole legal and physical custody, you will have to demonstrate why guardianship with your boyfriend is in your daughter’s best interest. You can file for guardianship if you believe it is necessary to ensure that someone else has legal authority to care for her in case something happens to you, especially if her biological father is not involved.
The process involves submitting the necessary paperwork to the court, including details about your daughter’s current living situation, her father’s lack of involvement, and your boyfriend’s relationship with her. The court will review the petition, and you may be asked to attend a hearing where you will present your case. It’s important to show that your boyfriend has been an active part of your daughter’s life and is capable of providing for her if needed.
Since your daughter’s father has not been involved and has not objected to the guardianship, this may make the process smoother. However, it is advisable to consult with a family law attorney to ensure the petition is properly filed and to understand the full legal implications of establishing guardianship. An attorney can help guide you through the process, especially since guardianship laws can vary depending on individual circumstances.
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