It sounds as if child protective services has guardianship and, if so, you can't simply take your child back from them.
Well.... The person who has legal guardianship is the person who has LEGAL guardianship. If the mother has custody, no matter where that child moves (untill their 17th or 18th birthdate dependant on the state), the mother will always have custody. The only way to change it is through the courts. * If a custodial order has not been issued by the court that stipulates otherwise, both biological parents have equal custodial rights.
You need a power of guardianship to be certain you have rights to make decisions concerning the child's welfare. This can be a hand-written power of guardianship that the parents give to you. Google to find example of power of guardianship papers.
Yes, if your granddaughter is living with you, and being taken care of by you, then you are her guardian. In other words, being a guardian is not so much a legal status as it is a relationship. If the relationship exists, then you are the guardian.
A parent can only give a friend or relative temporary custody of a child (meaning three months or less). If one wishes to have someone take full permanent custody of their child, the parent needs to relinquish custodial rights and the accepting adult needs to apply for legal guardianship through prescribed legal methods. The other option is obviously relinquishing parental rights so the child can be adopted. The legal process is quite different however if the child is not a U.S. citizen.
As far as I know, legal adoption is the only thing that can change a minor child's last name. It will cost in legal fees though if it is contested.
No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assign your own temporary guardianship to someone else.No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assign your own temporary guardianship to someone else.No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assign your own temporary guardianship to someone else.No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assign your own temporary guardianship to someone else.
Guardianship only
Well.... The person who has legal guardianship is the person who has LEGAL guardianship. If the mother has custody, no matter where that child moves (untill their 17th or 18th birthdate dependant on the state), the mother will always have custody. The only way to change it is through the courts. * If a custodial order has not been issued by the court that stipulates otherwise, both biological parents have equal custodial rights.
Only the court can revoke or instate a legal guardian. If abuse or neglect of the individual under guardianship is suspected the concerned party should contact social services in the county or city where the person resides. An investigation will be done and the results of such will determine whether or not current legal guardianship should be rescinded, revised and/or other necessary action.
Only if you have guardianship.
Legal guardianship can only be revoked by the court that awarded the decree or in some states a higher court or it can be relinquished by the guardian(s) through prescribed legal procedure. The rights that biological parents have regarding their children (such as visitation, support, etc.) will be stipulated in the final guardianship order from the court. Courts prefer that parents remain active in the child's life, but if there are no specific terms in the guardianship order for visitation rights and other issues, it is assumed that the guardians can "set the rules".
no, both parents must consent.
Yes - but only if the father is the legal guardian of the child (and the mother is not, for whatever reason). He can forfeit his parental rights to the grandparents. However, if the mother is not in prison and is the other legal guardian, she would have to give up custody as well. Good luck to you.
Only through a court order. It is assumed she has the mother's consent. If the father doesn't consent the grandmother needs to petition for guardianship and then show why the father is unfit and it would be in the best interest of the child to be placed under the legal guardianship of the grandmother. She should consult with an attorney who specializes in custody issues.Only through a court order. It is assumed she has the mother's consent. If the father doesn't consent the grandmother needs to petition for guardianship and then show why the father is unfit and it would be in the best interest of the child to be placed under the legal guardianship of the grandmother. She should consult with an attorney who specializes in custody issues.Only through a court order. It is assumed she has the mother's consent. If the father doesn't consent the grandmother needs to petition for guardianship and then show why the father is unfit and it would be in the best interest of the child to be placed under the legal guardianship of the grandmother. She should consult with an attorney who specializes in custody issues.Only through a court order. It is assumed she has the mother's consent. If the father doesn't consent the grandmother needs to petition for guardianship and then show why the father is unfit and it would be in the best interest of the child to be placed under the legal guardianship of the grandmother. She should consult with an attorney who specializes in custody issues.
Ordinarily, the State takes guardianship of a child only after a finding by the courts that the parent(s) are unfit.
Yes, of course. Only if you mean the original parent's baby though.
A minor who is not emancipated can only be the guardian of it's own child.