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TheMysticWave, Parent
Category: Parenting
Satisfied Customers: 427
Experience:  Single parent, with profession, raises model son with ease & pleasure. I offer sound advice.
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temp conservatorship vs. full custody

Customer Question

In December, 2004 I signed temp conservatorship to my x so my 14yr old daughter cld attend school in Alabama to play ball. I have full custody of her obtained through our divorce. She and I live in Mississippi. We are right on the MS/AL line. The temp cons. had to be done cause of legal issues still in effect from yrs ago under certain AL counties. She going to Pickens Cty hi. He is trying to keep her from me. How does that temp cons affect my full custody rights? He hides her when she is to come. I am suppose to go and get her today/but I was yesterday and they werent home so I wondered if I had the right to tell him it was his responsibility to bring her home? Child support was always behind.
Submitted: 11 years ago.
Category: Parenting
Expert:  Steve -- a.k.a. Oreport replied 11 years ago.

Even though contemporary conservatorship may be a legal requirement in
Alabama -- it is very likely that such conservatorship arrangements are
not all exactly the same.

If you don't have a copy of the temporary conservatorship papers, you
need to obtain one.  The County Court Clerk in whichever is
your ex's Alabama county of residence should be able to provide you
with a copy of the document.  You may be charged a fee for
this.  A telephone call to the clerk's office should tell you
exactly how to obtain the needed document.

The conservatorship document should state what, if any,
limitations the conservatorship puts on your custodial rights and
responsibilities.  It should also clearly outline your daughter's
father's rights and duties regarding your daughter -- and your access to your daughter.

Assuming the above issues are clearly spelled out in the legal
paperwork -- this will tell you what your options are regarding your
ex's actions.

You will need to consult a family law attorney (preferably one licensed
in both Mississippi and Alabama) -- if the temporary conservatorship
document leaves the above issues unclear -- or if you do not understand
the legal jargon -- or if the wording is clear to you, but the
document, as written, doesn't leave you with what you consider to be
adequate access to your daughter.

Here is a link to Family Law Attorneys in the Columbia Mississippi Area.

A competent attorney can not only let you know which are options are --
it may be that a 'heads up' letter from the attorney to your ex may be
enough to get him to add more reasonably and responsibly.

Let me know if you need more input.  If not, thanks for the
opportunity to assist you... I would really appreciate your honoring my
efforts by 'pushing the button' and Accepting this answer.

Good Luck!



Customer: replied 11 years ago.
Reply to Oreport's Post: Actually I do have a copy and it is appt of Guardianship for 1 year under Code of Alabama @6-2-71 but I I have read recently that you could no longer skip state lines to try and change custody issues because of the mess it caused in years gone by. The Atty that prepared this explained to me it had to be this way because of legal law suits in the school systems still in effect from the past. Our Divorce was filed in Mississippi giving me full custody rights.
Expert:  Steve -- a.k.a. Oreport replied 11 years ago.
It is unlikely that a Court would take the view that a written and
signed Guardianship Agreement constitutes 'skipping state lines to
change custody issues' -- and therefore invalidate the Guardianship

Be that as it may, until and unless you can get the current
Guardianship Agreement set aside by the Court -- or replaced with
another agreement more to your liking -- you are stuck with the
provisions of the present agreement.

Again, I strongly recommend that you review the current agreement
to see what you and your ex's respective rights and responsibilities
are and what impact, if any, the agreement has on your primary custody
rights and obligations.

You need to consult a local Family Law Attorney If you feel that the
present agreement is unfair -- or you feel that your ex-husband is
violating the terms of the agreement or violating your custody rights
-- or you do not understand the language of the current Guardianship

A local attorney (who is licensed to practice in both Mississippi and
Alabama) will be able to offer you the most specific 'bulletproof'
advice regarding your specific and unique legal situation and the legal
options available to you.

Let me know if you need more input.  If not, thanks for the
opportunity to assist you... I would really appreciate your honoring my
efforts by 'pushing the button' and Accepting this answer.

Good Luck!


Expert:  TheMysticWave replied 11 years ago.


I read your question - you state you have full custody - that means that you can take control of your daughter - it appears that your ex is in violation.

Per my legal experience, you can take him back to court (modified order) and advise the court that he is behind in child support payments. With respect to the school issue - if your daughter is with him because of the schooling - the court will see to it that he abides by the order (to fulfill his role, accordingly, in having temporary custody) - therefore, taking him back to court is the way to handle this matter. Or, if you wish to stop his rights to temporary custody because of his actions, you can advise the judge - and, if so, you may wish to ask that your ex have monitored visits of your daughter - to eliminate further problems.

If you wish for further information, please let me know.

Bright Blessings.

Peace, Love & Happiness,

The Mystic Wave

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