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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1346
Experience:  I am well equipped to handle any family law problem you might have.
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I voluntarily signed over guardianship of my child to someone.

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I voluntarily signed over guardianship of my child to someone. I am the biological mother. The biological father is incarcerated. I did not know there were two kinds of guardianship forms, i.e. temporary and permanent...not sure which one I signed. If something should happen to the person who has guardianship of the child, would I, the biological mother be given the child back? I have never been arrested and have nothing against me that would declare me unfit or incapable of taking care of the child at this time. The biological father is said to be released this November. He has a history of drug abuse and has been arrested several times and is now trying to obtain custody of the child. What are his chances if any?

meigs004 :

Hello, how are you today?

meigs004 :

So your basic question is, what would happen to the child if something happened to the guardian?

meigs004 :

And also, if you would be awarded the child over the biological father?

meigs004 :

Which guardianship is presently in place?

Customer:

I'm fine..thanks and yes, would I be awarded the child over the biological father and what would happen to the child should something happen to the present guardian

Customer:

I'm assuming it's permanent guardianship.

meigs004 :

Some guardianships address that exact question, meaning the document that provides for the guardianship addresses to whom the child would be placed were something to happen to the child. If there is not a current custody order in place other than the guardianship, then you could be awarded the child, but the court would have to issue an order terminating the guardianship and naming you the physical custodian of the child.

meigs004 :

If something were to happen, it is possible the child would first be placed with CPS or DHR and placed in a setting until custody is arranged through you.

meigs004 :

You would be awarded the child before the father considering the fathers past, and the father's lack of involvement in the childs life to the present time.

Customer:

Okay. Thank you very much for your answer.

meigs004 :

You are welcome, does that answer your question?

meigs004 :

If that answers your quesitons please remember to provide a positive rating prior to exiting the chat by selecting the smiley face so that I can be credited for our time together

Customer:

Yes it does.

meigs004 :

Great, please do not forget to provide the positive rating.

Customer:

Okay..will do.

meigs004 :

Thanks, XXXXX XXXXX luck!

Meigs and 3 other Family Law Specialists are ready to help you

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