Your question falls into the family law arena, not the guardianship and conservatorship arena. While a conservatorship involves custody, you would not be in a probate court situation, based upon the facts you have provided, but you would be in faimly court instead.
You need to inquire of a family law attorney in the area of custody and visitation.
Good luck to you,
Sincerely,
Kevin Spencer
www.spencerlawpc.com
Answered on Jan 20th, 2013 at 9:03 PM