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Guardianship of a minor child - We cannot reach our attorney
We recieved guardianship of a child with the mother and father signing willingly. 3 days later, when we asked the child be returned to us at a certain time, the mother threw a fit and said no! We cannot reach our attorney hes out of town today...we are frantic. What are our legal rights, because we were told since it wasnt an adoption that she still can keep the child as long as she likes by another person...Is this true? We spent a lot of money to have the child put in our custody to keep him safe from drugs and such with his mom.
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re: Guardianship of a minor child - We cannot reach our attorney
That depends in part what was arranged. Was a court order involved or did you simply arrange something among yourselves? -
re: Guardianship of a minor child - We cannot reach our attorney
It was a voluntary ( By Mother & Father) court order, with no visitation arrangements stipulated.Comment
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re: Guardianship of a minor child - We cannot reach our attorney
Appologize; didnt log in before I posted my reply. NetminComment
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re: Guardianship of a minor child - We cannot reach our attorney
Okay first of all it would depend on what kind of guardianship you have cause there is limited guardianship which gives you limited say on what happens with the children, and then full guardianship means you have say on everything.. Then there is the guardianship order from the judge that states rather the parents gets to see them on a regular basis like 3 times a week for a hour or rather there is a weekend visitation where as they pick the child up and have him/her for the weekend or if there is a visitation for 3 times a week and then 1 day a weekend for a hour or so.. It would depend on the order now. if there is a order for guardianship on volunteer then there has to be some kind of visitation exspecially if they volunteered for a Guardianship to take place and it must be limited i'm guessing cause they Volunteered..Cause I went thru the same thing with my family and to be very honest it was 3 times a week for a hour and then 1 visit during the weekend for a hour till 2 months then it went from a hour to a full day visit to weekends...But there is always certain orders for guardianship depending on the situation..If there is no stipulation then they can see or take at anytime.. But you stated that the order said they had no visits or contact with the child well then you broke the order by allowing the parents to take the child and that isn't good at all cause then that is grounds to have the guardianship terminated cause that shows that you believed that the parents were capable of taking the child and bringing him back.. Well if you have a order that states no visits and you allowed it that is bad but the order states no visits so if oyu told the parents a certain time to bring the child back and they refuse then you can call your local inforcement agaency and report her for kidnapping cause she/he is refusing to bring the child back but you will need to show the officer the order from the judge..They will go to the residents where they live and inform them they need to return the child immediately or they will be forced to arrest them..IF they refuse then they go to jail..If they tell the officer that you told her that she could keep the child for a two week basis this week there is no proof of that and they may say take her to court that is something that you will then need to do file for a hearing on the guardianship and make sure you have the police report with you and then the judge will ask you why you allowed them to take the child in the first place and if he believes that you think they were capable of caring for the child they may terminate the guardianship and return the child to the parents or he may make a visitation schedule for them..Good Luck... Again this is just experience not legal advice..Comment
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