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I gave my mother de facto custdy while I was out of town and

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know that I am returning...
I gave my mother de facto custdy while I was out of town and know that I am returning she now is hesitant to return custody to me. What are my legal rights.
Submitted: 8 years ago.Category: Family Law
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5/1/2009
Family Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
Attorney & Mediator
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Please clarify, did you give her a power of attorney to give her custody or did you go through the courts to give her "defacto custody"?

In other words when you gave your mom custody did you go through the court?

Also what state was this done in?


Thanks

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Customer reply replied 8 years ago
Initially I gave her power of Attorney, she then came back to me and stated that her attorney said that she would have to have Gaurdianship to be able to make those decisions and I trusted her so it did end up going to court. And now I feel like it was a set up. But in the paperwork that was signed it stated that Gaurdianship would change due to me having to be out of town for work for a foreseable future which only turned out to be 4 months total. We are in the state of Indiana. Thanks
Family Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
Thank for the clarification.

Unfortunately it seems you were taken advantage of. Since it was done through the courts, that means you need to return to court on a motion to terminate the guardianship since there are no longer any issues that require her further taking care of your child(ren). Had this been only a power of attorney, then you could have easily revoked it by giving her a written revocation notice, but since this was done through the courts, you need to have the court terminate the guardianship. I don't see why it cannot be terminated, only that you have to go to court to get this done. In the mean time she does not have to hand the child over until the court terminates the guardianship.





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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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Customer reply replied 8 years ago

Does the court need all signatures or will they look at it was out of town in your opinion?

Family Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
Sorry, I am not understanding?

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Customer reply replied 8 years ago
I guess my question is, is this basically going to become a custody battle. My childrens biological mother is in agreance with me on this so both biological parents are in agreance.
Family Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
I see what you mean now. This should not be a custody battle, since the guardianship was for a temporary basis. Since the court issued the guardianship, in order to terminate it the party who asked for the guardianship needs to go back on a motion to terminate it. Notice you the bio-mom will be needed and since she is in agreement then she will just need to respond that she agrees.




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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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