Q: If someone has temporary guardianship of a child can the parent get the child back at any time?
My daughter signed temp guardian papers. She was having some issues at the time. Now she's better and wants her baby back. But the guardian won't allow her to take her now. Can the parent just go get the baby?
A:
I'm not sure what you mean by temporary guardian papers.
If the parent signed a temporary delegation of parental powers form, this is only good up to 6 months and the parent can rescind these powers in writing at any time. Once such is rescinded, then the other person has no legal authority to have the child.
If the temporary guardianship is established by a court order, then only the court can change the order. Generally the parent files a motion to terminate the guardianship and it is then up to the court to decide whether to terminate the guardianship order and return custody to the parent or not.
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.
