Is there a way to transfer my guardianship over my unborn child to my parents?

Question

I am 7 months pregnant and once I give birth, I plan on giving my parents guardianship of my daughter.  Is there any way I could go about giving guardianship to my parents before my child is born so that she will be covered with insurance starting from the day she is born, which will be April 16? I do not want or need to go through court or lawyers, my parents and I both agree to the terms, but is that possible?

Richard Jacobson · Answer

To make a guardianship truly effective, you almost certainly do have to go through a court, but if there is no objection to your proposed course of action, then the costs can be relatively small.  Consult an experienced family lawyer.  I suspect that a guardianship can only be placed on a separate human being, but I also think this issue has been faced before, so lawyers who deal with this kind of question frequently may have faster and better answers.  Even if you cannot set up a guardianship in advance, you can put everything in place to move forward on it starting the very day your child is born.

Rebecca Rainwater · Answer

Only a court has authority to grant guardianship of a child.  While you may be in total agreement, which will make the process easier, you must file papers with the court.  Most courts offer a free guardianship clinic and will help with filing the papers.  The baby's father must also be served notice of the proceedings unless he is in full agreement and is willing to consent to the guardianship.

John Kirchner · Answer

In Colorado you cannot do what you want to do with any legally binding effect without going through the court system, before or after the baby is born. You cannot do a legal guardianship without the father's consent and the court proceedings. The grandparent's health insurance plan will have to answer the question as to when coverage can start, even if there were a guardianship but a guardianship can't become effective until the child is born. It is possible to start the court process before birth in order to speed up the process but it isn't likely to happen immediately on the birth date unless you can accurately predict the birth date far enough in advance to schedule the necessary court hearing.

Laurie Peters · Answer

It's not that simple. If your parents are willing to accept legal guardianship they need to follow certain protocol including amount other things paying for an investigation to show they are suitable to care for your child. Also what about the father? He would have to be given notice along with other relatives of the child. There are many legal things that need to be considered and the fact that you and your parents agree is not enough. I know you don't want to go through a lawyer, but there are legal self-help centers available and you should probably go to one and get more information.

Christopher Palmer · Answer

If I understand the question correctly, you want to give up your paternal rights. If so, this will at minimum require the courts, and you should consult an attorney. If it is worth doing, it is worth doing right. Further, the father of the child has rights as well. It may be well worth having him involved at this point so that he cannot come back later and claim custody rights. If this is what you want, speak with a family law attorney in your area to find out the steps you should take.

Steven D. Dunnings · Answer

Only through a court proceeding.

James Lentz · Answer

This is what happens when people try to be their own lawyer. In Ohio, I think you want to give your parents custody of the child. Then they would be responsible for he or she. You may end up paying some child support, but your parents will take care of the child. The insurance company may elect to not permit the child to be added to your parents' current policy. A guardianship is created by the court to allow a guardian to act as the court's representative in taking care of someone who cannot take care of himself.  A guardian is not personally responsible for the ward, but makes decisions in the best interest of the ward as far as the ward's finances and person are concerned. A guardian must be appointed by the court.

Mark T. Peters · Answer

Probably not. Insurance covers the mother and the pregnancy, not just the unborn child. You would have to be covered under your parent's plan for the insurance to cover your child. Also, you may need to go to court and get your parents appointed the guardian when the child is born in order for them to get coverage immediately for the child. Even then, it depends on the insurance they have and whether the new health insurance law would require the insurance company to cover your child. Also, let's not forget that there is a father somewhere. Does he have insurance? Will he agree to the guardianship? His rights in the child are the same as yours.

John Brennan · Answer

Start with the medical insurance company to see their requirements for coverage of the child. That in hand, you will probably need to go to court and have an attorney in order to meet the time frame.

John Arthur Smitten · Answer

Child has to be born first then you can file a court action to give your parents guardianship.

Anne Howard · Answer

I don't think the insurance company will cover the baby without a legal guardianship that can take months to get. Have your parents check with the company.

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Is there a way to transfer my guardianship over my unborn child to my parents?

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