Family Law Questions? Ask a Family Lawyer Online.
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If there was never any formal adjudication of guardianship from a probate or family court judge, then any guardianship agreement a parent signed is temporary and revocable by its very nature. Only a court can grant a permanent guardianship or take one away.
So if a mother signed a guardianship agreement, she can simply revoke it and then retake custody of any children as their contract was a private contract, not one that has been judicially recognized and signed off on by a judge. Most private guardianship agreements become void after 6 months as a matter of law anyway and have to be renewed by the parties to continue on.
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