Q: Mother of my son temp signed over guardianship without my permission what do I do?
My sons mother joined the navy upon joining she had to fill out her family care plan which makes her choose a temporary guardian while shes at training and deployment etc. According to the family care plan I was supposed to be notified so that I would have the chance to reject who she chose and have her transfer temporary guardianship to me his noncustodial guardian. This was not done, now my son is going to be living with someone I don't approve of and without consent. What avenue do I have to put a stop to this. She is even taking my son across state borders 3 months before she even goes to training to live with the aunt which she is not supposed to be able to do until she actually is deployed or goes to training. Can I get emergency custody? Since she is willingly giving up custody 3 months before she deploys do I have any way of stopping this seeing as I'm the only other true guardian? (Child case is in the state of Florida. I'm also legitimized.)
A: You need to retain counsel and file for temporary custody of your child. It is not kidnapping, since the primary custodian has given permission for the child to be with the relatives. However, you stand in a superior position as a parent to seek primary custody.
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A:
I agree with my colleague. It is best to contact an attorney in your state who will assist you with the specifics of your case.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
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