Legal Guardianship From One State To Another?
My parents have legal guardianship in Michigan for my nephew and they want to soon move to California due to the failing ecomonomy in Michigan. Can anyone help with the laws of moving out of say Michigan, and do they have to get the guardianship all over again in California?
Answers:
No, your parents are fine with the Michigan guardianship. There is a clause in the Constitution know as the "full faith and credit" clause that says one state has to give "full faith and credit" to the laws and acts of its "sister states." What that means in plain English, is that acts of the courts in Michigan are honored by the courts in California. You have nothing to be concerned about in this case.
The legal guardianship is still valid in California.
As long as the guardianship was legal in Michigan, California would have to give "full faith and credit" to the guardianship in California. Once the ward and guardians become citizens of California, any new activity involving the guardianship would be decided by California courts, which might include terminating or limiting the guardianship.
Normally once legal guardianship is established, it is recognized anywhere. I would check with the state of Michigan though, just to make sure that there will not be any complications to their moving out of state. Do the birth parents have any visitation rights? That could complicate the situation if they do.
They should really contact the Civil Clerk of Courts office in the location they intend to move and run this question by them.
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