Legal Question in Family Law in

Re: singing over legal guardien ship

I do not practice in your state, so take this answer with a grain of salt and also seek local counsel.

Guardianship and custody are different things. Presumably, the guardianship document Mom

signed allows the family member to act in mom's place regarding day to day care of the child,

including medical care and maybe placing the child in a school outside mom's district.

Signing guardianship papers does not terminate mom's custody rights and does not prevent her

from retrieving the child. Until a court or child protective agency formally places the child with someone other than a natural parent, the parent's rights trump all others. If you�ve called in a referral to a child protective agency and they did not remove the child from mom, I�m guessing they did not find her unfit.

You're up to your eyeballs in a complex and volatile situation. One cannot simply take away a

parent�s child and judge that person unfit. In my district, both parents are presumed to be "good

enough;" unfitness is a high hurdle. Mom's rights seem intact now in spite of the paper she

signed. You (I assume you're the grandparent) run the risk of alienating mom who, if she has

physical custody of the child, can prevent you from seeing the child. In my state, you would

have to ask the court to allow you to see the child because it is in the child's best interest.

I'm going to make some assumptions and make a couple of nonlegal suggestions. Assume Mom

is a good enough parent. Assume Grandparents don't approve of her parenting style and think

they could do a better job. Let's even assume that they could do a better job, but don't forget they don't have that right, mom does. Assume it is in the child's best interest to preserve child�s relationships with Mom, the other family member, and with grandparents.

I suggest you all go to a mediator certified or very experienced in family dynamics, or a

psychologist or licensed clinical social worker who can meet with all the family members. The

ultimate goal is to create a network of caring people who work together to meet this child's

needs. Expect the meetings to be unpleasant at first. Tough it out, it's worth it for the child's

sake.

If I'm way off base in my assumptions, then you might need to prepare for an expensive, intense,

and bitter court fight that is likely to leave your family relationships shredded. Even if that's the case, I still recommend some kind of counseling for the family members, and I recommend

getting a guardian ad litem to advocate for the child.