Asked in Family Law for Nebraska

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?

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

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 Once such is rescinded, then the other person has no legal authority to have the child.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.

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