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Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2156
Experience:  Practicing Attorney with 10 years experience
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My adult daughter was cited interference on keeping her

Customer Question

Customer: My adult daughter was cited for custodial interference for insisting on keeping her child overnight on her birthday over the objections of my granddaughter's guardian - her paternal aunt. My daughter never signed the child over, but the courts granted guardianship based on the falsehood that she did and was unreachable. My daughter has filed to terminate the guardianship, and that case is 10 days from now. But because the aunt chose to come over with the police and traumatize the child on her birthday, my daughter has decided to just keep her until that court date, since she's already been cited for custodial interference. Need some advice on how this all might go...
JA: Thanks. Can you give me any more details about your issue?
Customer: The guardianship was granted in October, but no one on our side of the family, including the child's mother knew about it to contest it. They have reduced visitation to once per month for no corresponding valid reason. My daughter has life issues, but there has never been any neglect or abuse towards the child.
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Customer: Yes.
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Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

I am very sorry to hear this. While the courts generally think it is best for the biological parents of the child to have custody, the "life issues" you mentioned could be sufficient for the court to consider whether or not to change the guardianship order. Going against the order by keeping her beyond the visitation allowed, certainly does not help her cause with the judge, but a lot just depends on how the judge views the situation unfortunately. If all of the mother's issues are in order, then there is a good chance the court will prefer to award the biological mother custody.

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