Salt Lake City, UT asked in Family Law and Child Custody for Oregon

Q: I am the legal custodial parent of my daughter, however I gave temporary guardianship of my daughter to her mother.

However her mother has taken off with her I have no idea where and she will not answer my phone calls or text messages nor will she let me see my daughter or talk to her is that legal to do

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: If this is a minor child, we would discuss who has custody. Guardianship is generally reserved for control over an adult or over someone that is not a biological child. Your use of guardianship interchangeably creates confusion as to whether your daughter is a minor or an adult.

Assuming your daughter is a minor child, then there is confusion as to what you mean by you gave temporary guardianship. Are you talking about a formal court proceeding that transferred custody of your daughter to her mother? Are you talking about some paper form you filled out that said the mother would be caring for your daughter?

You are going to need to make an appointment to discuss this with an attorney. An attorney will need to review all relevant court documents and discuss with you how long your daughter has been living with her mother and what the circumstances were that led to you transferring the responsibility for custody to the mother.

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