Q: My questions deals with custody of my son from my mother.
I have a 7 year old son who was born in North Carolina. While there, my mother won temporary guardianship. The stipulation was that as long as I did not make contact with my son's father, I could get him back. Three years later, my mother moved to California with my son. He continued to live with her, while I worked on myself. Now my son has been diagnosed with A DVD and my mother has chosen to have him medicated. He is often tired and falling behind in school. When I ask to see the records, the school pays me no mind. I don't feel my son should be medicated and I'm concerned that his current environment is not in his best interest. We have no guardianship agreement in California. Can i legally take my son back?
A: You might be able to take your mom to court in California. An analysis should be done with regard to North Carolina's jurisdiction over the guardianship, if any. The stipulation should also be reviewed closely. However, it certainly appears you may be able to take action to get your son back. More facts are required to provide a thorough analysis.
A: If your mom has a guardianship order in any other state, it is valid nationwide. Taking the child from her without her or court's explicit permission would amount to abduction. You can file a request for visitation or custody in the court that issued the guardianship order. Seek a lawyer in that state for help. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
