Help!!! Need info on giving guardianship on a temp basis!!!

[midnight2004]

I have 2 kids and I plan on moving out of state early next week. I'm not taking my youngest child because his father doesn't want him to leave state! I would like to grant temporary guardianship to my ex mother in law, but can't find any forms for free!! I don't want to deal with the courts, don't have time for that and I'm going to move back to Oklahoma in a year or so!! Could someone please point me in the right direction? Thank you so much!!!

 

[Duranie]

Just an FYI, nothing will be legal unless it is done thorugh the courts. Are you granting temporary guardianship on both kids to the ex MIL? Why don't you give it to the father of the youngest child if he wants it? Not sure of the legality of just signing a form if it is not done through the courts. The father does have the right to be upset over moving a child out of state without his permission. He can always file for temporary custody.

 

[midnight2004]

My ex mother in law (Jean) has been taking care of my youngest, (MJ), Monday-Friday so that I can work and not have to worry about paying daycare....I only see him on the weekends (which is a heck of a lot more than I can say for his father)!!! Which is why I would like to grant her with the temporary guardenship. I have found a form that is used for temporary guardianship of a minor, and you don't have to go to court!! All you have to do is have a notary republic stamp it! It is my understanding that once a notary republic places a "stamp" on items brought before them that they would then become legal! Please correct me if I'm wrong!! I will give u a link so that you can check it out for yourself!!!
http://www.ilrg.com/forms/auth-tempguardian.html My only problem with this form is that I don't have any way to pay for the form!!! Therefore, I am attempting to type it in Word.

 

[Duranie]

What state are you in?

Just because you found this form on the internet does not mean it will supercede rights of the dad. You just cannot name somebody else temporary guardianship. Generally custody automatically goes to the father when you are not available. This woman is non related, she must alos abide by any visitation agreement in place between you and dad.

 

[Duranie]

I found out that this paper is not legally binding. Just because you are the CP does not mean you can overstep the rights of the father here. He would have to consent guardianship being given as well. Since a court is not going to approve this, i would not bother with it. Your ex is the dad he does have rights to the children over a 3rd party. he can come pick up the child at any time if this woman does have him.

 

[carney]

Yes, that is correct. You can't sign guardianship over to someone else without the father signing it too and it does have to go through a court to be legal. If the father doesn't want you to move the child out of state it isn't up to him. The court has to decide it. Once given notice of the move (which you have done) the father has 90 days to file with the court. If he doesn't file, then you can move. If he does file, you go to court and state why you have to move and that he doesn't visit the child often anyway. The judge will probably grant the permission to leave the state with the child. Usually they do grant it if the parent is moving because of a marriage or job in another state. If you don't want the child to move with you then all you can do is leave the child with the father and he can then go to court and file for full custody. Also another thing on the giving temporary custody to someone else...sometimes they can fight having to give the child back to you. I've seen a lot of cases where the grandparents take the parent to court to fight giving the child back and a lot of times they win. I don't know why that is, that's just what I've seen.

 

[Duranie]

A judge will only allow the move if it is seen to be in the best interest of the child. Moving for a remarriage generally is not in the child's best interest. All other reasons are handled on a case by case basis. If the child does see the father on a regular basis, many times the move will not be allowed. Rarely is it for the child's best interest, but mom's.

If you are not moving because the father won't allow it, what makes you think you can sign guardianship over?

You are stuck between a rock and a hard place. You just cannot get up and move wherever you want if the dad disputes it, so he would have next rights to custody if you insist on leaving the state, or you can stay put and do this the right way and file a motion in court to try to move.