QUESTION

Can a legal guardian take a child out of the country?

Asked on Nov 22nd, 2011 on Child Custody - Ohio
More details to this question:
Can a legal guardian take a child out of the country? Would the child be extradited back or does it matter which country? Is there a legal prohibition against legal guardians taking child out of country?
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4 ANSWERS

Steven D. Dunnings
Are you talking about a permanent move? Where are the parents? Do you have full or a limited guardianship?
Answered on Jul 03rd, 2013 at 1:07 AM

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It depends on the scope of the guardianship.
Answered on Jul 03rd, 2013 at 12:45 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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The answer to that starts in the court order awarding guardianship. But, in most states the guardian is not permitted to permanently relocate the child outside of the court's geographic district without the court's approval. Depending on the facts, a court may or may not permit the child to be relocated.
Answered on Nov 29th, 2011 at 4:14 PM

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You keep using the phrase "Legal Guardian", and I'm not certain what you mean. A guardian, may be appointed over a person or his estate by the probate court. If the Guardian is a guardian of the person, then under some circumstances he may escort his ward out of the country. But it depends on the court, the orders of the court, and the reason for the guardianship, and the amount of money in the estate among other factors. Clearly you are concerned about something, so I would suggest you consult with a domestic relations attorney near you.
Answered on Nov 29th, 2011 at 2:50 PM

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