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Can a grandparent who has had custody for over five years be considered guardian the child has lived with her all of his life now the mother wants to get him and take him to another state?
Wiki User
∙ 14y ago
Not unless the grandparent is the legal guardian. You need parent's permission to take their children ANYWHERE.
Wiki User
∙ 6y ago
Wiki User
∙ 14y agoYes, but she needs to file court papers.
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Can U.S. citizen grandparent gain child custody of a foreign child who is related?
Yes
Can you leave another state without a guardian's consent if they don't have custody of you and the person you are going to see does have custody of you?
No. A legal guardian is appointed by the court to oversee the welfare of a minor until said minor reaches the legal age of majority or the court rescinds the guardian order or the guardian askss to be reieased from the obligation. A legally appointed guardian's custodial powers supercede that of the biological parents. Furthermore, the guardian would need permission from the issuing court to allow the minor to leave the residence for any extended period of time especially if the minor is leaving the state of residency.
Is a parent considered a legal guardian?
No. A step parent, or any other adult that does not have custody of a child is NOT a legal guardian unless a court has given this right to the step parent. This usually requires one of the biological parents to give up their rights or to been seen as unfit to be able to carry them out.
How can a grandparent give up custody of their teenage grandchild?
If legal custody has been established by court order, the grandparent(s) should file a Petition For Relinquishment in the Juvenile Court of the county or city of residence. Some states require the custodial person(s) to attend counseling in an attempt to resolve the family problems before a petition can is filed. If the custody was given arbitrarily by the parent(s) without use of legal procedures the parent(s) are still financially and legally responsible for the minor and should be notified that the child is to returned to their custody. If this is not possible, the grandparent(s) may ask the juvenile court to make the minor child a ward of the state if no other relative is willing to accept the responsibility.
What is the difference of Parental or custodial rights?
A guardian must be appointed by the court pursuant to a petition for guardianship and has the legal authority to care for another individual's person and/or property. In the case of minors, a guardian is someone other than a parent. In the case of an adult, a parent can be appointed as their guardian.Custody, in this sense, refers to the care and control of a child awarded by the court usually to one or both parents. The parent who is awarded custody of a child is not referred to as their guardian.
Do both grandparents living in the same home have to agree to get temporary custody of a grandchild?
No. One grandparent can agree to petition for guardianship or agree to accept appointment as temporary guardian.
Can a guardian with temporary custody award full custody to someone else?
Of course not. The temporary guardian had to be appointed by the court and only the court can appoint another guardian. Only courts can appoint guardians or award custody.Of course not. The temporary guardian had to be appointed by the court and only the court can appoint another guardian. Only courts can appoint guardians or award custody.Of course not. The temporary guardian had to be appointed by the court and only the court can appoint another guardian. Only courts can appoint guardians or award custody.Of course not. The temporary guardian had to be appointed by the court and only the court can appoint another guardian. Only courts can appoint guardians or award custody.
Does the parents have to give custody of their 16 year old daughter to another family to do school or live at another persons house?
They do not have to give up custody. They should appoint a guardian to represent them.
Does a stepparent get custody auto when both bio parents are dead?
no not automatically. A grandparent is more likely to get custody.
What is it called when a mother and grandmother has legal right of a minor child or can that be done?
Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.
What if you refuse a Department of Child Services drug test as a grandparent who has been given temporary custody of their grandchildren?
The agency will take the necessary steps to remove you as the guardian. Your refusal indicates that you are hiding illegal drug use.
Can a grand parent get custady of a 16 year old if the father is abusive?
Yes. The grandparent will need to go through the proper legal channels, but if he or she can prove that the biological parent is abusive and unfit to be the child's guardian, they can win custody.
Is a paternal grandmother with permanent custody of her grandchild a parent or are they a family?
A paternal grandmother with permanent custody of her grandchild is considered a family member rather than a parent. While she may have assumed the role of a parent by providing care and custody, her legal status is that of a grandparent.
An unmarried couple has a child and on parent dies who gets custody?
In most places the surviving parent will automatically be considered to have custody. If there is a reason that this should not happen, the court will appoint a guardian. Others could petition the probate court for custody.
Is it possible for an aunt at the age of 15 to get custody of her 1 year old niece?
No you are too young. A fifteen year old is still considered a child in the eyes of the law. They cannot be appointed a guardian over another child.
What is required for a grandparent to take custody of a minor in Indiana?
A showing before the court of a need for custody due to a child in need of care.
Can a non biological grandparent have primary legal and physical custody?
Yes the court can allow that.
