Family Law Questions? Ask a Family Lawyer Online.
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?
Ok, great. Do you know if you have guardianship of the person, guardianship of the estate, or both?
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).
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