Legal Question in Family Law in Alabama
guardianship
My daughter in Alabama has leagal custody of her son and would like to grant me guardianship and send him to live with me in Florida, how would she go about doing this?
2 Answers from Attorneys
Re: guardianship
guardianship if alabama is used for individuals that cannot handle their own affairs and minors. in your situation the rights of the non custodial parent would have to be considered and he or she may be in first position to be guardian if he or she is the natural parent of the child. that is the best that i can do with the facts that you have presented. i do not believe that you can avoid the non custodial parents rights by trying to create a guardianship.
Re: guardianship
More information is required for a complete response. Under FL law it would be necessary for you to petition the court to appoint you guardian, explaining all facts relating to the custody of the child, your relationship, support of the child, and other facts to show you are a fit person for guardianship. It would simplify the issues if your daughter were a FL resident. Any rights of the father also have to be considered, i.e., he may not have custody but he may still have certain parental rights regarding major decisions affecting the child. If appointed guardian, you will have continuing responsibilities to the court such as annual guardianship reports,