QUESTION
Can a notarized guardianship without my consent be enough to get rights of my child?
Asked on Jun 05th, 2013 on Child Custody - New Jersey
More details to this question:
The father of my daughter gave his wife a letter giving her rights to my daughter which then was notarized without my permission. Neither him or her have a court order giving them custody of my daughter. They have been separated for seven months now and my daughter is still residing with the wife due to her being in school in a different state. Now that she is out, the wife will not return her to her father because of this said letter that was notarized. I have not given either one permission to give, take, or receive custody of my daughter. Now that he and her are getting ready to divorce, I feel that she is holding on to my daughter for personal reasons. I want to know if me being the sole custody holder, can I go to get my daughter from this woman who obviously is bitter towards her husband and father of my child?
3 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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I would ask for a police escort. The police will want to see an official court order. If you don't have a court order, you need to go to court immediately to get one. There is no such thing as a notarized guardianship.
Answered on Jun 05th, 2013 at 7:38 PM
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I'm not sure from what you describe here whether the document in question is actually a "guardianship" - which is done through the courts, or more of a notarized "temporary power of attorney over a minor child." Regardless, you and your daughter's Father have superior rights over the stepmother unless she has adopted (which would terminate your rights). If you have sole custody then you have rights to go get your daughter. The primary concern is that you mention "another state." You will want to consult with an attorney about the specifics in this matter.
Answered on Jun 05th, 2013 at 7:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The Court order rules, and without one she really has no rights. Custody, by order, is vested in you or your ex only. You may have to see an attorney to enforce the order.
Answered on Jun 05th, 2013 at 7:38 PM