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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I live in Las Vegas Nevada and have a 15 year old daughter.

Customer Question

I live in Las Vegas Nevada and have a 15 year old daughter. I am the custodial parent. My ex who is also a woman does have guardianship rights for my daughter. My daughter is going thru a rough time right now and my ex is refusing to let me see my daughter. My daughter had a counseling appointment yesterday and when I asked my ex for the counselors name and contact information she absolutely refused to give it to me. What can I legally do to get my daughter back home with me? And do I have a right to know the counselors information?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, did you grant guardianship rights or did CPS get involved? As far as 'legal' custody, who has that at this time?
Customer: replied 2 years ago.
I granted the guardianship and I have legal custoday as far as I know.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,If you have 'legal' custody then you are as entitled to her medical records as the other parent. If the counselor is refusing to provide you with information, contact her with a copy of your court order and politely explain that since you have full legal custodial rights, you are entitled to review. As far as what you can do to get your daughter back, you would need to go back to court and file a motion to terminate guardianship, and likewise request that the child be returned to you. If the judge agrees, the guardianship would be rescinded and the child would be returned. Sincerely, ***** *****
Customer: replied 2 years ago.
This is the problem...there is no court order regarding my rights. I gave birth to her, shes my daughter. My ex at the time was given guardianship because we were two women and she could not legally be her parent otherwise, and could not adopt her. And this also allowed for my daughter to be medically covered in emergencies. So now you are telling me my ex has all the rights because of this guardianship?
Customer: replied 2 years ago.
Also I do not have the counselors information because my ex is refusing to give it to me
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,She has all of the rights of any guardian. A good example may be a grandparent--while not an actual parent, if listed as guardian short of being seen as a mother of father the grandparent can make all legal decisions as far as the child, and can have physical custody also. To get your rights back you need to terminate guardianship first, and as a condition also request that the judge order (compel) her to give you the medical information that you are seeking. You are still the parent, and you can still petition to reverse the guardianship, but until that is done her rights as guardian trump your rights (for now) if you no longer have guardianship rights.Sincerely,Dimitry, Esq.

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