2). What if I am not the parent and don't have legal custody of the child?

You will have to complete a Caretaker Affidavit.  The Caretaker Affidavit is used in the following situations:

The parent is...

Deceased

Deployed

Incarcerated

Mentally or physically unable to care for the child

Lost their home due to a fire or natural disaster

The child has been abandoned as proved by the parents' lack of emotional or financial support.

 

Notarized statements granting guardianship are not acceptable.