Question:

If all parties are consenting, what is the easiest way to grant custody of my children to my parents?

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I am expecting twins. I am also young and a full time student. I intend to play a VERY large part in the rearing of my children, but it is no secret I cannot do this alone. I want to award custody of the twins to my mother and father so they will have medical coverage. This is an arrangement that will only last a maximum of 5 years, until I am ready to give complete care so adoption is not an option. So what is, what are my easy and legal options?

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  1. All of you need to sit down with a good family lawyer and get all the details worked out.  Even though you are family and you "think" things can be agreed to through no more than a hand-shake...then you are wrong.  Everything needs to be done legally, with all the t's crossed and the i's dotted.  This is more a legal issue than an emotional one when you get right down to it.  Therefore, emotions need to be set aside and everything tied up with a neat bow "legally" for all concerned.  That way there is no question where everyone stands and what is expected of everyone.

    Contrary to what others have said...your parents can get your children covered under the insurance.  This can be done with simple guardianship or with custody.  Since your parents will be the primary care-givers of these children, they will need the security of having the children properly covered.  This is why you need to contact a good family lawyer.  They will answer everyone's concerns.


  2. With our son (non realitive placement), we were given temporary custody (pending his adoption) and it was completely REVOKABLE. So if she didn't like how things were going, or just changed her mind, It would have been as simple verbaly stating that she was revoking her consent.

    We did it that way so if there was a disagreement about his medical care, she would have the final say. It sets the hierarchy of care.

    We were the first contacted, but she could contedt anything and maintain her rights. It lasted for 18 months and rarely had issues getting him care. The only thing we coldn't do was Get him HIV tested. Only the people listed on the BC are allowed to to that, so we waited until it was final.

  3. I think that giving custody to your parents for medical coverage is a REALLY bad idea.  The thing is, if you're a student (so you don't have much income) your kids will qualify for Medicaid.  That means you don't have to pay anything for their medical care, no deductables, no copays, no coinsurance.  Medicaid covers 100% of all doctors, hospital stays and medications.  

    In the US, even if you're living with your parents, it's only parental income that is counted towards medicaid.  The same is not true of other social services (like food stamps, WIC, childcare subsidies, TANF) but it is true for Medicaid.  If your children will be living with your parents (and you won't) then they automatically qualify for Medicaid as long as they are not the children's parents, but even if you are living there, I don't think your income as a student will be enough to disqualify them.  

    I know that taking government assistance can be a blow to one's pride, but sometimes you have to.  It's there to help people get back on their feet.  When my ex first left me I had to put my son on Medicaid for about a year.  By then I was able to find a job with good benefits and move him to my company's insurance.  However, I soon got over being "ashamed" of medicaid.  It's all for your kid's sake.  

    I would recomend keeping custody of your kids.  If you need your parents to be able to do certain things for them then you can sign an agreement of Loco Parentis or even give them Power of Attourney for you.  All these things are fairly simple legal forms you can download and then get certified at your local courthouse.  It'll probably cost you around $40 - $100 in fees, and an afternoon of standing in lines, but that's not that big a deal really.  

    Good luck!

  4. Once you give custody to your parents, they do not have to give it back to you legally.  You know that right?  I'd see a lawyer before considering this further.  There are ramifications that you definitely would not like.  Sounds an awful lot like attempting fraud against the insurance company to me.

  5. You should go to a family practice lawyer. They can help you draw up guardianship papers. But I believe that they will not get health coverage unless your parents adopt them.

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