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Can a parent terminate temporary guardianship at anytime?
Countrygal31017
yes they can, and as a parent going through the same thing at the moment I would suggest to find the papers that you signed, if you signed any, and make sure there is a date if you can wait til the date expired you can go pick your child up and there is nothing the guardian can do but go file to get the child back. Cause in a year after the papers are filed they expire so please take into consideration what I just said cause no parent should be without there child(ren) unless you are an unfit parent.
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∙ 9y ago
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If both parents sign over temporary custody to a grandparent can the parent who has physical custody terminate the guardianship and take the child back?
It depends on the State the parent and child reside in, the State the temporary legal guardianship was signed in, and weather or not a judge was involved. Usually a temporary guardianship is revocable by either of the natural parents, either by having a revocation notarized or by simply writing on their copy of the temporary guardianship form that such guardianship is being revoked with a signature and date of revocation. This is then presented to the temporary guardian and the child is turned straight over to the natural parent who now wishes guardianship returned to them. The temporary guardian can fight the issue and get the courts involved, but the vast majority of time things go the parents way in these regards. Again, it all goes back to circumstance and especially the State where this is all taking place. I would suggest googling "temporary guardianship rights", or see if you can look up the specific legal codes on guardianship in your state.
Can a custodial parent sign over temporary custody if the non custodial parent is in prison?
No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.
A woman gets temporary guardianship of her sister's child and all she gets is a TANF check for her. Can she also get food stamps and child support from the biological parents?
Generally speaking, a TANF (Temporary Assistance For Needy Families- US) check is issued to a parent who cannot locate their child's noncustodial parent. The noncustodial parent must repay the amount of TANF checks that were issued. In any case, the woman can get food stamps from the state for the child if she has proof of temporary guardianship. She can get child support accordingly through the court that issued the temporary guardianship order.
What is the difference between temp guardianship and permanent guardianship?
Temporary guardianship is supposed to be a shorter length and not permanent. Full guardianship assumes responsibility for a child until age of majority, usually age 18. A temporary guardianship can be allowed when the person needs a guardian for only a short period such as when the parent(s) will be out of the country or while a person will be incapacitated for a finite period due to medical reasons. There are a multitude of reasons the temporary guardianship can be allowed. A temporary guardian is sometimes appointed in an emergency situation while the permanent guardianship is pending. Also, a guardian can be appointed for a person of any age who is incapable of managing their own affairs.
Can the custodial parent sign over temporary custody to non custodial parent?
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.
Can incarcerated mom give temporary guardianship to a family member if she has joint custody of child?
No, the fathers rights comes first as a custodial parent.
'If both parents sign over temporary custody to a grandparent can the parent who has physical custody terminate the guardianship and take the child back i reside in san Diego ca?
In San Diego, California, a parent who has physical custody can potentially terminate a temporary guardianship granted to a grandparent if they can demonstrate to the court that it is in the child’s best interest to do so. The court will review the situation and make a decision based on the child's well-being. It is advisable to seek legal counsel to understand the specific steps and requirements in such situations.
Can one parent terminate their parental rights and the other just give legal guardianship to a grandmother?
The court decides if he is allowed to terminate his parental rights. The custodial parent can then give custody to a grandparent if they wish. Both of you would then have3 to pay child support to the grandparent. Terminating parental rights does not get you out of paying for the child.
Can a noncustodial parent issue guardianship to another person?
Only the courts can award guardianship.
Can a parent get guardianship over a 18 year old?
Typically, parents cannot get legal guardianship over an 18-year-old as they are considered adults under the law. In certain circumstances, such as if the individual has a disability or is unable to care for themselves, a court may appoint a guardian. However, the process and criteria vary depending on the situation and jurisdiction.
If the biological mother signs guardianship to the grandparent can the mother terminate the guardianship at ant time?
yes and no. The biological parent would have to petition the court and then when the case is heard, she or he would have to prove that changing the child's situation would be in the best interest of the child and that they are better suited to raise said child without a guardian.
How do you regain primary custody after giving temporary custody to the grandparents?
If it was the court that awarded the grandparents temporary custody there must have been a reason. If the court considered you not to be a "fit" parent at the time you may have to offer convincing evidence that you are NOW a fit parent. File a motion with the court to regain custody of the child(ren). If the custody was ruled only 'temporary' the court realizes that it is not necessarily permanent situation.Generally when a person says they gave temporary custody to grandparents they actually mean to say they consented to the appointment of the grandparents as temporary guardians. The appointment is then made by the court. In that case the parties must return to court to terminate the guardianship order and the court will hear testimony to make certain the change is in the best interest of the child.
