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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
