CP giving guardianship without NCP's consent?

[lovehiskids]

This is for a good friend of mine...

Father is NCP. Mother is CP. Father has joint legal.

Mother is arrested 6/28/04 after a meth lab is found in her home. Child is with the Father for summer visitation. Father files for custody. Mother is served with papers and immediately signs temporary guardianship over to her parents, along with guardianship of another child who is not the Father's.

1. Does the CP Mom have the right to sign over guardianship on her own?

2. If yes, what is the father's best recourse to stop this?

3. If no, how can the father keep the grandparents from coming and taking the child at the end of summer?

They are in Arkansas.

Thanks Soc

LHK

[socrateaser]

>1. Does the CP Mom have the right to sign over guardianship on
>her own?

Yes, but it's a delegation of the CP's rights, and as such, the delegated rights are subject to any rights that the CP may have OR lose. So, if the Father moves for a new custody determination, then any loss of custody to the CP will be a loss to the CP's delegated guardian, as well.
>
>2. If yes, what is the father's best recourse to stop this?

You must file for custody now, and ask for an emergency temporary order, on grounds that the mother is clearly unfit to parent. This will also prevent the grandparents from acting as guardian. If you don't, then you will be legally obligated to turn the child(ren) over to the CP's delegated guardian, and after that, the guardian will begin to accrue rights to custody based on the de facto exercise thereof.

>
>3. If no, how can the father keep the grandparents from coming
>and taking the child at the end of summer?

See #2, above.

[rm1759]

I have a related question.

1)  can the CP delegate a guardianship to her mother in the event she passes away?

BM for my daughter is sick, possibly terminal.  She has stated that should something happen to her she wants her mother to retain custody of my daughter.  

2)Can she do this without my consent and or knowledge?  

3)Is there a way I can prevent this ahead of time, or is it better to wait?  I would rather not make things more difficult for her...

[socrateaser]

>I have a related question.
>
>1)  can the CP delegate a guardianship to her mother in the
>event she passes away?

Yes, but as soon as the CP dies, your fundamental rights, IF YOU HAVE JOINT LEGAL CUSTODY, will take precedence over the delegation and it would be up to the delegate to sue you to establish the extent of the delegate's rights.

If you don't have legal custody, then you would need to establish that you should be awarded custody on grounds that your fundamental rights should outweigh the delagate's -- which sounds like the same thing, and it is, except that in this case you would need to file for sole custody and the delagate would need to intervene and challenge your motion, whereas in the former scenario, you wouldn't need to go to court at all -- you could just go get the kids and say hastalavista to the guardian -- until he/she files suit.


>
>BM for my daughter is sick, possibly terminal.  She has stated
>that should something happen to her she wants her mother to
>retain custody of my daughter.  
>
>2)Can she do this without my consent and or knowledge?  
>
>3)Is there a way I can prevent this ahead of time, or is it
>better to wait?  I would rather not make things more difficult
>for her...