What can you do to become a legal guardian?

Question

I have a friend whose boyfriend ex-wife passed away and he has a son from his ex-wife. Her boyfriend wants her to be a legal guardian for his son but they are not married and they need to know what to do for her to become a legal guardian.

Answer 1

Why?  Since mom died the dad is the legal guardian.  Why is it important to him that she too be a guardian??  Anyways, she can get an attorney and have them petition the court.  Seems weird to me though.  If they get married she can just adopt him. If he wants her to be the legal guardian if he dies he can put that in his will.  Seems meaningless for her to be a legal guardian at this stage of the game.....so much cost involved with attorney fees and all.  Good luck.

Answer 2

The best thing to do is contact a family attorney.

Answer 3

If he makes her legal guardian then he no longer has custody of that child. If they are together as a couple, they just have to write up a power of attorney for her to sign for or do anything in regards to the child in his place. And both sign it in front of a notory. Most libraries have some books of sample ones or the internet have good forms you can copy. My husband and I did this before we were married also.

Answer 4

It is a big step for someone he is not married to.  Marry her, she'll be the leagle gauridian.  If that is not an option then it is a matter of going before a judge and having him sighn the paperwork.

Answer 5

Depending on the state, you usually have to have a court appoint you to be the guardian.

Answer 6

I am confused as to when you want the legal guardian thing to happen. If the boy friend father wants her to be guardian then call an attorney and get it set up. If it is in case something happens to him, then put it in a will