Q: Does emergency guardianship override parental custody rights?
I have a five year old daughter and I let her go with my ex whom is not her biological father he was supposed to return her and didn’t so I reported her missing. Somehow 24 hours after she was reported missing a lady I used to live with got granted emergency guardianship. I don’t even know how she got there I don’t say my daughter could go there. I told the police I wanted to press charges on the gentleman for kidnapping and they haven’t so should I go to a higher police department or is what they’re doing legal? It’s been six weeks since I’ve seen or talked to my daughter and I’m about to lose my mind I miss her so much. The lady is refusing to let me have contact with her. Our first court date isn’t until April 9th. Can I not go to a different police department and tell them what’s going on and we go get my daughter from this lady? There’s no order of protection or exparte.
A: No, you're parental rights override a temporary guardianship. You need to hire an attorney and contest this in the probate court.
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