Have Legal Questions? Ask a Lawyer Now.
I didn't know you were still letting Addie stay with your mom?
I wouldn't let her stay over there either. I agree with the other attorney.
If your mom moves forward with guardianship and can show that she basically has had guardianship up to the point of the petition, then the court is going to consider that fact for sure.
Right now, YOU do have the guardianship. So you can go over there with your court order and take Addie from her.
I am assuming the Uhaul is because all of Addie's things are over there too?
Maybe, but if your mom petitions or Cara petitions and your mom has had constructive custody of Addie and still does, then that may way against you more.
Your mom has her age against her, but if she has really been Addie's only guardian for some time now, the judge will consider that.
The GAL does not sound like she is on your side or Cara's side.
It sounds like she is working on conjunction with your mom's attorney and trying to get Cara to petition for custody so your mom can jump in and get it.
She's giving you and Cara just enough rope to hang yourselves, it sounds like.
I understand, for sure. It's almost better if you take her for a night and then just never give her back.
But you do need to get her back with you.
And here's the thing...
If you take her back, you are allowed to give temporary guardianship back to Cara without the court's permisson. So you can send Addie out to LA or leave her there with Cara after you go visit.
Cara doesn't even need to file a petition for that!
So unless your mom files for guardianship and gets it, you can just give temporary custody to Cara via a notarized document and Addie is free to go out to LA with her.
They could, based on the fact that she is going out of state.
But this is why I think it is more beneficial for Addie to be back with you and stay with you.
Yes, the attorney will probably ask that she be barred from traveling. If your mom still has Addie, this is why she isn't peitioning for now.
But someone is going to have to make a move here if Cara ever wants Addie back.
She either needs a better job where she can prove her income and then she can file the Petition, or she is going to have to leave her with your mom, or the two of you are going to have to take Addie back and then fight.
Is she living with anyone out in LA? That's another thing the judge will have to consider: whether the environment is safe. Plus, LA is a long ways away. The court generally doesn't like to see a child leave the state if they have jurisdiction. What's more, even if your mom doesn't get custody, I am sure she will petition for visitation rights. So she's going to really stick it to you all the way around.
Me too! :)
Yes, it's possible.
But that won't necessarily prevent Addie going out to LA, it may just mean the court will allow Addie to see your mom once a year or more if your mom travels out to LA. I am not thinking that is realistic for her to do, but this is just one more way she can fight/delay the move.
What does she have a MM card for?
Does your mom know about that?
I wouldn't bring that up.
Well hopefully she doesn't know about the MM card, but if she does bring it up, only then should Cara talk about it.
Yes, you just need to keep her and let whatever happens, happen.
Well, I'm not, so I'll take it! LOL
Sounds good. TTYS!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).