Location: Los Angeles County, CA
Current Situation:
My sister has a history with addiction and has been in and out of my niece’s (7 y.o.) life sporadically for the past 1.5 years. Her dad works a lot and is not always able to provide as much support as she needs. As a result, I have taken it upon myself to take care of her, and, at this point:
-She lives with me 5/7 days a week and has her own room
-I am responsible for all of her extracurriculars, playdates, etc.
-I am responsible for all of her preventive healthcare, dental care, mental health, appointments, etc.
-I communicate frequently with her teachers and school staff
She is with her dad 2/7 days a week, and sometimes additional times on the weekend when her dad isn’t working. Her mom rarely sees her.
Option 1: Dad Pursues Full Custody
Her parents have no custody order on record. Her dad has asked me to help him compile documents to file for full custody, and suggested sharing partial custody with me legally at some point, through either signing a Power of Attorney form or guardianship.
1a: Should I be included in these forms? I will be listed as someone she lives with on FL-105; should I also be listed as an “Other Party” and/or in the section that asks about other people who claim rights to custody?
Option 2: I Pursue Guardianship
Rather than compiling forms for her dad, should I pursue guardianship on my own, ideally with her dad’s blessing? The benefit here would be that I could add her to my health insurance, and, since I am in charge of her healthcare and school, it would be much easier for me to do that stuff.
Thanks in advance!