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Good evening. I understand that the mother is expected to take the kids back at Christmas. Do the guardianship letters (the court order for guardianship) have an expiration date?
When the guardianship was granted by the court, was there any discussion at that time about the mother taking the kids back at Christmas?
Ok, so that I understand, this guardianship has never gone through or been approved by any court, is that correct?
Ok, so when you said that "the seal is for 2019", were you referring to the Notary seal?
Thanks. Being as precise as possible, for how long have the kids been in Kansas? I don't need an exact date, but a range of dates would be helpful.
A guardianship can only be created by court order, so if nothing has been filed by or approved by a court, what you have technically isn't a guardianship -- it's just permission from the mother. I have a few more questions:1. With this notarized written permission, does it mention for how long the children will continue to live with you?2. Where is the father in all of this?3. I understand that the kids have been in Kansas for less than a week. For how long were they in Alabama prior to coming to Kansas?
Ok, so here's the situation... a child can't be kept from his/her parent's custody without an order from the court--so to have the powers of a guardian, including custodial powers, over the objection of a parent, one needs to go to court and get a guardianship from the court. There's generally no alternative option -- someone can't keep another person's children over their objection unless the court approves. I say "generally" because there are some rare, very temporary exceptions--for example, if "mom" shows up completely intoxicated and wants to drive off with the children.If mom is unstable in a way that she can't ensure the children's safety but she still wants to provide care for the kids, that's exactly the sort of situation that guardianships are designed to address. You would need to either get an attorney to help, or to contact the court and request that they direct you to required forms or legal assistance. I wish that there was an easy route for you to take, but I have to be straightforward.Let me know if further clarification is needed, and please feel free to leave a rating once you are finished (it does not cost anything extra to do so and it is the only way I may be credited for my answers.) Thank you!
It was my pleasure. Was I able to do so to your satisfaction?
I understand. Going to court is never easy, particularly when family is involved, but do what you need to do to protect the kids.