QUESTION

Can my parents get custody of my child?

Asked on Sep 06th, 2013 on Child Custody - Utah
More details to this question:
I am 27 yrs old and I have full legal custody of my baby who is six but i have been signing temporary guardianship over every six months since she was born because I have never been in a position to take her because I wanted a stable environment for her to live in and I never had that until now. Now I have a house, a good job and everything I need to provide for her. Is there anything they can do to keep her from moving in with me because from what they have been telling her she won’t even get on the phone with me? I’m afraid that she will want to stay with them and they say if she doesn’t want to go, I’m not taking her but she is six. She doesn’t know what she wants or needs. It’s not like i haven’t been her life. She knows who I am but all of a sudden since I told them I was coming to get her, she won’t talk to me.
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2 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Send them a notice that you are terminating the power of attorney and if they don't return her immediately, you are going to file a kidnapping charge against them. If they are smart, they will petition for guardianship and the court can work out the details when you object. In the great scheme of things, your daughter will need some time to be integrated into your family and it would be better if your parents worked with you to do that.
Answered on Sep 09th, 2013 at 12:43 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Yes, your parents can make efforts and take steps toward remaining the child's guardians or even seeking to adopt the child if they can prove a basis. The fact that you have been voluntarily entering into a six-month agreement of guardianship every six months of the child's life should not be a strike against you, but courts can often look down on people who have acted as you have seen your behavior as irresponsible and similar to abandonment. Judges, who are often the same age as your parents or older, also tend to sympathize more with people in their own age bracket. This is not the kind of situation you would want to address or resolve without the help of an excellent family law attorney.
Answered on Sep 09th, 2013 at 9:12 AM

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