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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111468
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is there a point when a temp guardian of a minor child can

Customer Question

Is there a point when a temp guardian of a minor child can overstep their bounds of authority when it comes to the rights of the parent of the child who has rights on all levels. In this case a father. Maternal grandmother is temp guardian. Biological mother is heroine addict that continues to fail rehab. At what point can custodial interference be an issue?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: WV
JA: Have you talked to a lawyer yet?
Customer: Can't afford one now....had one 4 yrs ago...but her employment with DHHR and all people she knew somehow gave her upper hand over clean, sober, working father.
JA: Anything else you want the lawyer to know before I connect you?
Customer: For 3 1/2 yrs she followed the visitation schedule with the father....he had daughter sun 6:00 pm through wed at 6:00 pm. Only this past June 2016 did she start telling him he could only see her on wk ends. She has taken the child to a psychologist w/o his knowledge or consent, has told her elementary school he is an addict and therefore not allowed to pick up his child from school. She is in contempt of the visitation order and he has been taking and picking up his child from daycare and preK for the past 3yrs.
Submitted: 28 days ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 28 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The temporary guardian cannot interfere with the rights of the biological parent (father in this case) who has not had his rights terminated. In fact, the US Supreme Court says the father has a civil right to their child unless the father is proven by clear and convincing evidence to be unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).
So, if she is in contempt of court and also interfering with your parental civil right, then you have to file in court for a motion for order to show cause for contempt and as part of that argue she is interfering with your civil right to parent your child AND ask the court to terminate her temporary guardianship and turn over custody of the child to you.
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