Q: Can a legal guardian forbid child to see or speak to their biological mother?
Ever since my daughter was born, my son has been hurting her out of jealousy and “stealing his attention“. I couldn’t turn my back on them without him hurting her in some way. This went on for close to two years until the psychiatrist he was seeing for those specific issues suggested him living elsewhere to see if “time apart helps”. My sister said that she would let him live with her and her husband but they demanded to become legal guardians and have legal documents drawn up and signed. I, not fully knowing child custody laws, just assumed that in order for him to attend school and have health insurance while living with them, that needed to be done. Before signing paperwork, i told my sister the only thing i ask is that I’ll still be able to freely see and talk to him. She said yes absolutely. Fast forward 2 weeks into him living with them, i was told by my sister that “things changed” and I’m not allowed to see or talk to my son. Are they legally allowed to keep him from me?
A:
Probably not! I'm also curious what exactly you signed to grant any sort of legal guardianship to your sister.
I think you should sit down with an attorney ASAP and go over that document together -- and then determine the best plan of action going forward. Best of luck to you.
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.
