NJ Custody/Guardianship question... need help. ?

Question

My sister is going to jail and her two children will be coming to live with me and my husband for at least a year, very likely longer (preferably permanetly). She shares custody with the childen's father, but has told me he will not object to this arrangement and would "sign them over". Neither parent works, both have substance abuse issues and have had run-ins with the law in the past. I need to know what kind of custody/guardianship I should seek to give me the right to enroll them in school, get them medical coverage (they are currently uninsured), etc. Also, if I have legal custody or guardianship, am I financially responsible if something happens to the child (say if they fall and break their arm but are not insured)? Would they qualify for my employer's medical plan? Could I get them low-income medical coverage (like medicaid) even if I do not qualify? Their father collects permanent disability through Social Security and I beleive he recieves extra payments for the children. Would he be required to pay child support from those payments? I don't want to terminate their parental rights or deny them access to the children, but I would want to ensure that they had their act together before they could regain custody. I live in New Jersey, USA. I'd appreciate any advise or guidance... thanks in advance.

Answer 1

Try to stay out of courts with it.  Have your sister and her husband sign and get notnotarize letter giving you stateing that you have coustody of them and are allowed to enroll them in school or anything else you need or want to, that you have permission to have them medically treated, and that you can apply for insurance (medicaide or what ever).  You can file with this letter so that they can recieve a check from his SS, instead of him recieving it.  When you fill out the paper for them to sign and noterize, set an estimated time frame, you can always at the end of that time, go and sign another one.  If you go through the courts, they may find a reason to take them from you.

Kim Manire

Tx