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Guardianship

Started by whippertizzy, Sep 13, 2005, 09:36:35 AM

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whippertizzy

I may have asked this before but I can't get the search function to operate properly.

Lets say I have to go away for and extended period of time, such as a couple months. Someplace I can't take my son with me.  

1. Could I give guardianship to my parents on a temporary basis?
2.  If I did not give guardianship to my parents, and just left him with them. Could another person come in and petition the court for it?  (might be silly question.)

socrateaser

>1. Could I give guardianship to my parents on a temporary
>basis?

You could sign a power of attorney delegating your custodial power to your parents.

>2.  If I did not give guardianship to my parents, and just
>left him with them. Could another person come in and petition
>the court for it?  (might be silly question.)

Yes, but they would need to show that your actions have caused an established relationship between them and the child to be harmed. And, your actions would be presumed by the court to be in the child's best interests.

Not a silly question, but not real likely to be a case that a court would consider.

However, if you were gone for a very long time, then your parents would be in a position to challenge your custodial rights when you return and terminate the power of attorney.