Lincoln, NE asked in Family Law for Nebraska

Q: I need a temporary guardianship form?

My child will be staying with her grandparents and she needs to be enrolled in school in another state. I have a parenting plan in place and need to get it modified. There school system needs a temporary guardianship signed by the court to enroll her in school.

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

A: If this is just temporary and both parents are in agreement, then you can generally use the temporary delegation of parental powers form on the Nebraska Supreme Court's website. Both parents would normally need to complete the form. It would be up to the school whether this form would be enough or not for enrollment.

If you have a custody order in place, you will likely need to file either a custody modification action and/or have your parents file for a guardianship action. It isn't clear from your statement if both parents are in agreement. If you are, then it should just be a matter of doing the paperwork. If you and the other parent are not in agreement, then there is a legal presumption that the child will live with a parent, not the grandparents. Unless a parent is unfit, they have superior rights to custody of their child over a grandparent. If you and the other parent are not in agreement, then you may need to file a custody modification action to ask for Court permission to move your child to another state.

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