Salt Lake City, UT asked in Divorce, Family Law, Adoption and Child Custody for Utah

Q: Can my ex's sister, temporary guardian of our 16 month old daughter, legally restrict my visitation?

She has had our daughter temporarily for 7 months while we have fallen on hard times. We signed over temporary guardianship. He and I broke up and he's now at ODYSSEY house trying to get into the parent program with our daughter. Once she is there, the program will determine visitation. In the meantime, his sister has restricted my visitation with my daughter to one visit every other weekend that is only an hour and a half long. She also won't let me take her anywhere and insists that she supervise the visits. I have never been deemed as threat nor a danger to my daughter. I've never been deemed as an unfit parent. We signed over the temporary guardianship willingly. Can she really do all of that?

3 Lawyer Answers
Lane Wood
Lane Wood
PREMIUM
Answered
  • Divorce Lawyer
  • St. George, UT
  • Licensed in Utah

A: I’m sorry that you are going through these problems with your daughter. Any time you are dealing with custody issues, I suggest having an attorney. The initial decision is crucial and you want to make sure it is done right. It is always harder to change down the road.

Generally speaking, you can terminate a guardianship by revoking your consent. However in your case it sounds like you would then be in a custody fight with your ex

Mike Branum agrees with this answer

Mike Branum
Mike Branum
Answered
  • Family Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: I agree with Mr. Wood that your situation is likely complicated by the fact that your husband also consented to the guardianship. My impression is that you are not ready to take back full custody at this time but are Yosemite about the restrictions on your visitation. The other concern I would have is that if you make demands and your ex's sister refuses to be a guardian anymore, what is your plan? Can you care for her? Do you have someone else who you and your ex could entrust get to? If your baby daddy's sister is trying to do what is in your daughter's best interest, you are not going to win any points with the court if you pull her out of a safe home with no plan.

Mike Branum
Mike Branum
Answered
  • Family Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: "Yosemite" should have been "upset." I believe my Droid has lost its mind. Apologies for the typo.

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