Legal Guardianship for a child left behind

[winelight 0]

I'm not quite sure where to post this...hope this is the right place...

My fiancée will leave her child in the Philippines with her mom after her K-1 is approved. The child is 3 years old...and she intends to bring him to the US in another 8-10 years. (We fully understand we'll have to petition again at that time...and wait a long time for visa approval.)

My question is this: What is the best way to enable her mom as a legal guardian during this time? There will, no doubt be things for a parent or legal guardian to sign or authorize (school? medical treatments? domestic air travel?). If her mom has the same authority as a parent, or is the legal guardian, seems this will solve a lot of future issues. Whatever is done, she would want the option to revoke or reverse any authority granted to her mom in the future.

Does anyone in this forum have experience or knowledge in this regard? Can my fiancee just get a power of attorney granting her mom to act on her behalf for matters pertaining to school, travel, and the health and welfare of the child? Or...does a Court have to get involved here?

My fiancee will speak to a lawyer before she leaves...but we'd like an understanding of this BEFORE she sees a lawyer.

[Markieboy 104]

Edited June 26, 2013 by Markieboy

[winelight 0]

Markieboy...I saw your questions...but they no longer appear here. Maybe they were deleted when you edited your post?

To address your question, my fiancee was never married to the father of the child. We fully understand she has full legal custody of the child...but this was not my question. My question is about transfering her authority as legal guardian to someone else...such as her mom...temporarily or with the ability to revoke this authority. What is the best way to do this?

One lawyer told me that the person that is to become legal guardian must petition to the court for this. Minimum attorney fee is 40,000 pesos - plus court costs...etc. When I later asked if some sort of temporary transfer of legal guardianship (or a power of attorney), can be used, he replied, "Yes...a specific power of attorney can be used...but it is not the same as what the court will grant. (Yes...of course it is not the same...it's probably 35,000 fewer pesos for a power of attorney :-) )

Any thoughts from anyone that has done this...or has knowledge of this... will be appreciated.

[Markieboy 104]

Markieboy...I saw your questions...but they no longer appear here. Maybe they were deleted when you edited your post?

To address your question, my fiancee was never married to the father of the child. We fully understand she has full legal custody of the child...but this was not my question. My question is about transfering her authority as legal guardian to someone else...such as her mom...temporarily or with the ability to revoke this authority. What is the best way to do this?

One lawyer told me that the person that is to become legal guardian must petition to the court for this. Minimum attorney fee is 40,000 pesos - plus court costs...etc. When I later asked if some sort of temporary transfer of legal guardianship (or a power of attorney), can be used, he replied, "Yes...a specific power of attorney can be used...but it is not the same as what the court will grant. (Yes...of course it is not the same...it's probably 35,000 fewer pesos for a power of attorney :-) )

Any thoughts from anyone that has done this...or has knowledge of this... will be appreciated.

Sorry, I spoke too soon. Lately, I have been doing this.

IIRC, you would need to involve the courts. But I do not have any experience with this.

Good luck with your situation! I hope someone with experience will guide you in the right direction.

[Hank_ 9,174]

If its anything like here in the States it only requires an attorney and paperwork.

Why not contact an attorney in the Phils to get the right answer?

[winelight 0]

If its anything like here in the States it only requires an attorney and paperwork.

Why not contact an attorney in the Phils to get the right answer?

Thanks Hank_. That is the plan for Friday (as implied in my original post)...that my fiancee speak to an attorney.

I raise the issue here to understand the questions we should ask. Already...the first lawyer I spoke with (by email) proposed only one solution...an expensive Court solution!!! Had I not done some digging here in VJ, I would never have known to ask about a power of attorney to address this problem.

Sometimes I think there are only two things taught in law school:

1. Get the money up front

2. Get the money up front

(Not a typo :-) )

This certainly was the case with the first lawyer...we'll try with lawyers again with the hope that one will tell of all our options...and not just the most lucrative for the attorney.

[Hank_ 9,174]

Court solution is not what you are wanting, just a temporary guardianship, very much like a limited power of attorney.

I have read of a few doing that here on VJ, they just are not responding to your post yet.

All the best.

[winelight 0]

We found a lawyer in Cebu willing to do a specific power-of-attorney for my fiancée's mom to act with parental authority when my fiancée is outside of the Philippines. Both lawyers I spoke with initially wanted to go to Court (more money for them!). In the end, we are paying 5,000 pesos to get this matter behind us...(versus 25K-40K pesos, plus court costs, had I not challenged the lawyers on the need for Court).

Thanks to all for your advice.

[Hank_ 9,174]

_Excellent!

_{That is pretty much what I found as listed on CFO}

_{Special Power of Attorney authenticated by Diplomatic Post if parent/s/ or guardian/s are based overseas; or a duly notarized authorization letter executed by parent/s or guardian/s while in the Philippines.}

Edited June 30, 2013 by Hank_