Q: A person has custodial guardianship in the "home state" in Virginia, the non custodial parent lives in Florida.
Can the custodial guardian just sign over custody when there is an ongoing court reunification that they havent been following. She stated either the non custodial parent takes them or they go to foster care. Is this possible?
A: Unfortunately have not really given enough information. Typically if there is an ongoing case plan, guardianship plan, or other court involvement regarding children, then that court must be involved in any change of custody/guardianship/care. When the child moves across state lines you must also comply with the Uniform Child Custody Jurisdiction Act and have and Interstate Compact completed when child services are involved. You should really speak with an experienced Dependency Lawyer or experienced family Lawyer in the local area to get your best guidance. There are many issues that would need to be addressed to give you a full and complete answer.
Wishing you all the best.
David A. Carroll, Pensacola Dependency and Child Custody Lawyer
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