HELP!! I need legal advise about my children and their guardian.?
Is it legal for a guardian of to move out of the county with a child without asking the courts first? My childs guardian has moved her out of the county against her will, and said I would never see or talk to her again, I am very worried. She also left my son with his father who dosent have any custody either. I have a a court date on the 16th of Augus for termination of guardianship t but is there enything I could do to get her back to this county until. My Daughter is so scared and is only 13 soon to be 14 years old. PLEASE HELP if you eny way to get her back.
Answers:
Dear friend,
I would suggest you to take advice from a good lawyer. Try the following site, They offer good legal services.
Just go to http://www.usalegalcare.com/child_custod...
fill their easy form and they will contact you very soon.
Good luck
Even without knowing your whole story as to why your kids are with a guardian and not you, I still think you need to call your caseworker/attorney immediately! To my knowledge, she can not leave a child with a non custodial parent. I'm not sure about moving out of the county, but since she has also threatened you with never seeing or talking to your daughter again, and, depending on the circumstances and laws in your area, it might be considered kidnapping.
The fact that this person is your child's guardian and you are not, and I assume the father does not have parental rights then she would be free to travel wherever she wants. It might be against the child's will, but in the eyes of the law she is still a child that's why she has a guardian to make decisions for her. If you are successful with your court appearance and the judge gives you custodial rights again and the guardianship is transferred to you then you are within your rights to have her moved back to where you are, (collect her). I doubt very much if you could have this person charged with kidnapping because she is in fact the guardian. If after the court gives you back the principal role and then the person refuses to return her you would more than likely have a case. The fact that she left your son with his father who does not have any custodial rights is within her rights as well if she is the guardian. As long as the child would not be considered to be in any danger. If I were the guardian of a child and I decided to leave that child with a relative who was willing to look after that child I would be quite within my rights to do so. I would wait until the court hearing and then take advice as to what you will do next. Make sure you know where your daughter's whereabouts are. Good luck.
Yes it is legal for a guardian to take your children anywhere they want if they have custody. Also if you want them back it will most likely cost you in the thousands just to get them back into your country. Why do they have a guardian instead of you? Your question really makes no sense and has alot of things missing.
EDIT: I apologize for the last sentence. I have known people who have given their children to their own parents temporarily until they got more stabilized, only to have the parents stab them in the back and try and take the children permanently. Get a lawyer and fast. Also if you still have any kind of custody at all you may be able to get them for contempt of court and kidnapping charges. Read your court order. If you don't have one and this was all done verbally, then call the police and report kidnapping. If you do have a court order, read it and see if you have any kind of custody at all. This will make a big difference. If you have no rights at all. then yes, you are looking at hiring a good lawyer and alot of money and be ready for a long and ugly court battle.
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