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Submitted 205 days ago...

chavez

chavez

New User (2)

Uncle relocating 12yr old son to montana, requesting guardianship. why not just permission?

My parents have temp-guardianship of my now 12yr old son, but lives mostly with ex-girlfriends great grand parents, soly cause he is enrolled in a christian school and didn't want to seperate him from his sis! I fought to have child support awarded to my parents & graet grand parents, that was granted. now an uncle from ex side wants guardianship and for my son to go live with him in montana for 3yrs. (should i be concerned). (1) if permission was given to the uncle by both parents to take our son to go live in montana with him he wouldn't encounter any enrollment, insurance, or finacial, etc. set backs.(so why push for guardianship?) (2) uncle was asked if my son didn't like it up there and wanted to move back like in 1yr what then. uncles response to that was "no". only after 3 yrs. (why 3yrs) (3) we live in Idaho and by having guardianship of minor and relocating out of state, does that open the door for him to go after full custudy! is there a time frame that involves that 3yr spread, possibly requirements like legal residents first.

 
 
 
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Submitted 176 days ago...

tomturkey

tomturkey

Brain (2,862)

Guardianship is only tempory that is as long as the parent or parents all you to have it. Either parent can at anytime file a motion to the court asking for custody back. As a legal guaridain you are not allowed to give the child or childrren to anyone else,meaning a family member. The guardian has sole responiably of the child no one esle unless the court orders it. The parents cannot let anyone take the child because they have know legal right once the court gave guardianship to someone else that know longer have any say, as I stated they would have to go back to court and ask for custody.

 
 

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