Benton, AR asked in Family Law for Arkansas

Q: My mother has guardianship of my son. She took him to an ER. Do I have any rights to be notified of this?

Also, she has been gravely ill the last couple of weeks, in the hospital and then now is in a nursing home (she is 75 and has multiple medical conditions of which she may not recover). My sister had taken him into her home with no legal rights to him. If my mother passes, and I am now capable of taking care of him, who will be legally responsible for him? I know an ex parte can expedite the process, but who do you think will have the better chance?

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1 Lawyer Answer
Skye Martin
Skye Martin
  • Little Rock, AR
  • Licensed in Arkansas

A: The answer to your first question will depend on the whether receiving notification of the child's medical emergencies, or similar language, was included in the Order of Guardianship.I wouldn't be able to answer the second question without asking a lot of questions regarding your situation. I would suggest consulting an attorney.

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