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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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I have had guardianship of my granddaughter for three years.

Customer Question

I have had guardianship of my granddaughter for three years. Her mom has moved here (Arkansas) from Florida to look for a job and has not really tried so hasn't had any luck. After a little argument today she threatened to leave and take the daughter with her and I said she can't because I have guardianship. Isnt that true? My understanding is that a judge would have to terminate the order. Correct
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Her mother has had a history of drug abuse, no stable home in three years , partially due to a burn accident, my granddaughter loves living with me, going to the school here. Is on the cheer team, makes straight a's. Has a stable hame and I have a large support system in place.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Arkansas
Submitted: 8 months ago.
Category: Family Law
Expert:  Brandon M. replied 8 months ago.

Good evening. Based on your description of events, I am 99% certain that your understanding is correct, but please allow me to ask few questions so that I can be 100% sure. You mentioned that you are in Arkansas and that "mom" moved from Florida. In which state was the guardianship awarded?

Customer: replied 8 months ago.
Expert:  Brandon M. replied 8 months ago.

Ok, great. Do you know if you have guardianship of the person, guardianship of the estate, or both?

Customer: replied 8 months ago.
She and my son signed the papers that gave me guardianship and I went to court here in Arkansas
Customer: replied 8 months ago.
Customer: replied 8 months ago.
If she were to take her without my permission what legal recourse would I have?
Expert:  Brandon M. replied 8 months ago.

Ok, perfect. Guardianship of the person in Arkansas takes custodial powers from the parent of a minor and gives those powers to a non-parent. The parent would not be able to remove the minor child from the custody of the guardian without a court order or termination of the guardianship. If the parent did so anyway and over the guardian's objection, it would constitute a criminal abduction and it would become a matter for law enforcement (and could result in an Amber Alert being issued).

Customer: replied 8 months ago.
Thank you
Expert:  Brandon M. replied 8 months ago.

It was my pleasure. Let me know if further clarification is needed, and please feel free to leave a rating once you are finished. (It doesn't cost anything extra and it is the only way I may be credited for my answers). Thank you!

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