Guardianship Questions - Complicated

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suepeg

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I was formerly married to a man whose daughter had a baby out of wedlock in 2002. The baby's father is not listed on the birth certificate and no paternity tests have been done. The daughter and her baby were dependent on the grandfather for several years. When the baby was about a year old (2003) the daughter moved out on her own with the baby. The daughter then became involved in drugs.

Around this time I entered the picture and we eventually got married. When the baby was 18 months old (2003) she came to live with us full time because her mother could not care for her due to her drug use and unemployment. We petitioned the family court and became legal guardians of the minor child. Both the mother and the baby's father signed the papers. Around this time, the father re-entered the picture and began paying child support. He had a steady job and decent housing and we eventually allowed the minor child to visit with him and the extended family on weekends.

In 2005 the baby's mother, having been through rehab and holding down a job, asked to be allowed to move with the child to a nearby city. At this time my husband and I were having marital problems, and I was also experiencing a number of health issues, and so we agreed. The minor child continued seeing her father and his companion, now wife, on the weekends. Eventually in 2006 the child's mother allowed the minor child to live with her father full time, and the mother and the grandfather had the child come for visits on weekends.We never changed the guardianship.

The minor child's mother has now (2007) moved far away from the child. The grandfather (my ex-husband) is now concerned with regard to how the child's father is disciplining and caring for the child. He is still listed as the legal guardian, but the child has not lived with him for more than a year. He would like to take the child back to live with him, but he cannot take care of her due to his financial situation. The child's maternal grandparents, who live in Georgia, are very interested in adopting the minor child. I would also be willing to take care of the child, but I am not sure if I am still a guardian due to our divorce.

This sweet child is now 5. I am posting this on behalf of her grandfather. Please help with any advice. Thank you.

Questions:

1) Is the grandfather still the legal guardian?
2) Can he remove the child from the father's home based on his suspicion of poor treatment?
3) Can he allow the child to live with her other grandparents in Georgia?
 
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