What are my legal rights with Guardianship of a minor

[cowgirl1970]

I have temporary guardianship of a minor child it was sign from Sept 2008 not to expire untill sept 2026. till said child is 18. The father of the mother made her come in and take the baby back to his house. which she said is not a good place for her and the baby. Do I have a right to call the law to go get the minor child?

 

[WhirledPeas]

No, probably not. Temporary guardianship can be rescinded at any time, by either legal parent. It is simply permission to care for the child, not rights to the child. The mother can return the child to you, or she can decide to leave the child with her father. Or you could take both the mother and the child in your home, if the mother agreed. If you thought the mother unfit, you could try for non-parental custody, which is much harder to obtain.

 

[irish223]

Was your guardianship filed in court?

Temporary guardianship usually doesn't last for more than one year. Yours lasts for 18 years? Are you sure it's 'temporary'?

 

[ohiogranny]

No, probably not. Temporary guardianship can be rescinded at any time, by either legal parent.

What you're talking about sounds like power of attorney. It can be cancelled at any time, as it is not always filed with court. I would think that dissolving a guardianship would require a court hearing. Temp guardianship is not always temporary. It can be fairly permanent in terms of duration. The court must have good reasons for making it that long.

If grandpa made her take the child to his house, he is out of line. Mom should have refused. I would check with an attorney, but I would think you could ask the police to assist you in retrieving the child, papers in hand that show you are the legal guardian.

Maybe this is an indicator of bad decision making on mom's part, and part of the court's reasons for making you guardian.

When did this happen?