Q: My daughter is 16 and has a guardian, but she wants to move back to illinois with her bio family. Does she need consent?
She lives in Maine with my ex mother in law. Shes lived with her for 11 years, but has no biological relation. All of my daughters family is in Illinois and she wants to be with them. Her guardian will not let her move back or even visit. What can she do? Does she have any rights or say in where she lives?
A: your question raises several questions. When you say move back with bio family what does that mean? Her parents or a parent? When you say she has a guardian was this done in probate court in Maine? if so then a parent or some other family member could file a petition to terminate the guardianship. You would have to look at the reasons the guardianship was granted in the first place and see if those reasons remain valid today. Another option would be she could file a petition for emancipation. Also was there a court order in a divorce or family matters proceeding? If the guardianship was terminated then the court order in the divorce or family matter would govern and so you might want to change that as well. You should call a family law attorney in the area of where the guardianship was entered or where your daughter is living.
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