QUESTION
What do I do if grandma has notarized temporary guardianship and won’t give my daughter back?
Asked on Feb 09th, 2013 on Child Custody - Colorado
More details to this question:
I was going thru a difficult breakup. My 7-year old daughter was stressed. I felt she should go by her bio dad’s family for a while. Since she is in school and I didn't know how long she was going be up there, I let her grandma have control over getting her into school and health care. It’s been a month. The letter allowed her grandma to keep her for six months. I'm ready to bring my daughter back home. Her grandma thinks she can keep her based on the paperwork so can she keep my daughter based on the notoriety. She won’t let me take my daughter back and there's no reason why I can’t so what do I do?
10 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Talk to an attorney. You gave her permission. Send her a registered letter revoking the permission and demand your child be returned.
Answered on Feb 13th, 2013 at 4:10 PM
Abuse and Neglect Attorney serving Columbus, GA
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Poydasheff and Sowers, LLC
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You need to have a lawyer look at the guardianship paperwork, but generally, there is no such thing as temporary guardianship, from the standpoint that the courts will look to the childs best interest if the temporary guardian refuses to relinquish his or her rights. Its not automatic.
Answered on Feb 13th, 2013 at 4:10 PM
Go get your daughter. If grandma doesn't like it she can try on court. But you have the upper band. The note was only valid for six months.
Answered on Feb 12th, 2013 at 4:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, you should be able to revoke the temporary guardianship unless it was approved and ordered by a court,
Answered on Feb 12th, 2013 at 4:06 PM
Is it just a notarized letter or is there a court order in place? If there is a court order, then no, you may not be able to just pick up your daughter. If there is only the letter, you can pick up your daughter immediately. Please know, however, the grandmother may file a petition in court asking the court to grant her the remaining months, based upon the letter, but that will not automatically grant the grandmother custody or guardianship of your child.
Answered on Feb 12th, 2013 at 4:05 PM
John Arthur Smitten
File a petition to get the child. The notarized statement gives her nothing.
Answered on Feb 12th, 2013 at 4:05 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Send the grandmother a letter telling her that you are revoking your power of attorney that you gave her and tell her that if she does not return your child immediately, you will file kidnapping charges against her. Now the problem with that is that her biological father may be able to give her permission unless you clearly have the custodial rights because of a court order.
Answered on Feb 12th, 2013 at 4:05 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If she was awarded guardianship by family court you would need to petition the court.
Answered on Feb 12th, 2013 at 11:33 AM
Family Law Issues Attorney serving Camarillo, CA
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Laurie Peters & Associates, APLC
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If you have a copy of the paper work I would bring to a lawyer in order to know exactly what you are dealing with. You may be able to revoke the temporary guardianship if it was simply to have legal say for up to six months. You may have to go to court to revoke the guardianship, but you may not have to go to court. However, the grandmother may go to court to seek a court order if you simply try to pick up your daughter. It is really important to speak with a lawyer and give them all the facts surrounding you situation. You can also go to the self-help center in your area and someone should be able to help you there.
Answered on Feb 12th, 2013 at 11:32 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Grandma has no legal authority beyond what you gave her and you are legally free to revoke it - there no such thing as "notarized temporary guardianship" if it wasn't approved by a court. If the police won't help you retrieve your child your only option is to file a suitable court case to have the court order the child returned. You should consult a lawyer about the best way to proceed.
Answered on Feb 12th, 2013 at 11:31 AM