Prior To Disappearance, Missing Baby Found In California Had Been Given To A Temporary Legal Guardian
A 2-month-old baby who had been reported missing in Texas after his mother took him out of town and returned home alone the following day was found in Buena Park, California.
Last Tuesday, Isiah Ramirez was found with an unidentified couple who said they saw a story online detailing that the child had been reported missing. The couple say that a woman at a gas station near Columbus, Florida gave Isiah to them along with legal documents she said would give them legal custody of the boy.
One week before Isiah’s disappearance, family friend Gracie Martinez had been given custody of the child through a legally binding temporary child custody affidavit.
Teenparents.org provides the following questions and answers regarding legal guardianships:
What is a legal guardianship?
A legal guardianship is a formal decision by a judge that suspends parents' custody of their child and gives custody to a non-parent.
Who can be a legal guardian?
Any adult, 18 or older, can serve as a legal guardian for a child under 18. Usually, a relative or family friend serves as a child's legal guardian.
Why would a child live with someone other than his or her parents?
Sometimes parents cannot or will not take care of their children because of lack of money or housing. Sometimes a parent cannot provide a safe home because of drug abuse or domestic violence in the home, or the parent might be in jail. In other cases, children don't want to live with their parents because their parents treat them badly or don't pay attention to them.
Can a child live with an adult friend or relative without the adult being named the child's guardian?
Yes, parents can let their children live with other adults.
Then what is a legal guardianship for?
A legal guardianship gives an adult who is taking care of a child the formal authority to provide for the child's needs. For example, with a legal guardianship, a non-parent can give a child a safe home without worrying about being charged with "kidnapping" or "harboring a runaway." A legal guardianship may be necessary because some health insurance companies won't cover a child who is not living with his or her parents if the child's caretaker is not the child's legal guardian. It is hard for a child to get medical care without a parent or legal guardian's signature. Also, if a child is living with someone who is not a relative, a legal guardianship is required for the child to receive government benefits. In addition, a legal guardianship can be helpful in establishing stability for a child who has come from a troubled family setting.
Can the parents still see the minor after the legal guardianship is granted?
Yes, but the legal guardian of the child can decide when and what type of visitation the child should have with the parents. If the parents are not satisfied with this, they can ask the court for a visitation order.
Can parents make decisions about the child's life after the legal guardianship is granted?
No, the legal guardian has all the official powers of custody and control over the child once the legal guardianship has been granted. However, if a parent disagrees with the choices the guardian is making, the parent can return to court and ask for the guardianship to be ended and the child returned to the parent. To end the guardianship, the parent must show that it is in the child's best interest to end the guardianship.
Sagaria Law P.C. handles probate guardianship and other estate planning matters in Monterey County, Alameda County, and Santa Clara County. Contact Sagaria Law, P.C. today to schedule a free consultation.
Legal Guardianship, Teen Parents.org
Missing Baby Found Alive, WOAIC.com, January 16, 2007
Related Web Resource:
Guardianship (Probate Court), California Courts: Self-Help Center
Bookmark: 
