Killdeer, ND asked in Family Law and Child Custody for Nebraska

Q: Can my husband go pick his daughter up?

My stepdaughter was placed with someone she doesn't know by her mom who signed a temporary guardianship form. The guardian is willing to give her to us as there is no custody established but we want to be sure it's still legal for him to take her without court order.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: If the father wants custody of his child, he should obtain a custody order. If the mother is trying to give placement to a third party, then the facts are likely favorable that father can obtain custody of the child. If there is already a custody order in place, he would need to file a custody modification action. If there isn't custody in place, he needs to file a custody action now. The temporary delegation of parental powers don't trump a parent's parental rights. It also doesn't replace a custody order.

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