QUESTION
Do I have the legal right to go get her and keep her after I gave guardianship to my parents?
Asked on Jul 27th, 2014 on Child Custody - Maryland
More details to this question:
I typed a paper giving my parents guardianship when I didn’t have a stable address plus and had it notarized. Now the living conditions are bad over there and I’m afraid for her. I am physically and mentally capable to have her. I also have been living at the same address for a couple of years now. I didn’t take her earlier because I didn’t want to take her from where she grew up.
1 ANSWER
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Law Offices of Aimee C. Robbins
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That depends on whether there is an actual Order of Guardianship filed with the Court. If not it's just a contract and if you go get you daughter you will be in breech of the contract. However, if you take her you should immediately file a Motion for sole custody. If there is an actual court order for Guardianship any you take her, you would be in contempt of court. So the best thing to do is file a motion to Vacate the Guardianship.
Answered on Jul 29th, 2014 at 12:48 PM