QUESTION
If I have temporary guardianship of my niece, am I obligated to allow weekend visitations to the parents?
Asked on Feb 01st, 2014 on Child Custody - Idaho
More details to this question:
I have "temporary" guardianship of my niece. Her parents are irresponsible and neglectful. Her mother is a drug addict and her father works all the time, so isn't there to supervise. They both willingly signed the guardianship paperwork due to my sister-in-law being in a bad car wreck and being unable to provide proper care for her daughter (my niece). Because they aren't a good influence on her, I'm wondering if I'm under any legal obligation to allow them to get her on the weekends?
3 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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What does the guardianship order say about the parents' access to the child? Or do you really only have something signed by the parents and not an order of the court. If the latter, you really have nothing and can go to court on a 3rd party custody action.
Answered on Feb 06th, 2014 at 7:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Unless there is something in the order giving them visitation, you are now in the position of being her parent and can decide who may see her and when. However, as a practical matter, if you deny visitation, they may decide to fight your guardianship. Is that what you want?
Answered on Feb 06th, 2014 at 7:44 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it depends on your legal status, i.e. is this a legally recognized guardianship and how temporary is it. Generally if you do not allow visitation you will be picking a fight where either or both of the natural parents have the advantage under the law.
Answered on Feb 06th, 2014 at 7:44 AM