Legal Question in Family Law in Arkansas
Guardianship v. Custody
Last July my former husband and I signed
guardianship papers to allow my mother to consent to
emergency medical care and make school decisions
for our daughter (in AR); we live in WI. My daughter
stayed with my mom because of rough financial times
and the strains of the divorce, but now that that is
through, I am ready to have her come back, and my
mom refuses stating I will have to fight her in court. The
court granted me sole custody through the divorce. Do I
have a legal right to go to AR and take my daughter, or
do I have to sue my mother for custody? The
guardianship order was issued in July, 2003, the
custody order in November of 2003. Who has actual
rights to my daughter?
3 Answers from Attorneys
Re: Guardianship v. Custody
...call 501-225-1665 to discuss the issues...thanks...
Re: Guardianship v. Custody
You have a can of worms there. It all depends. In the divorce was there any mention of the guardianship or did you say that the child was with you.
If it was addressed in the divorce, then you may be OK, but if not, then you need to set aside the guardianship which is not difficult. You have greater standing than a guardian! but if that is the case you will need to go to Court.
Re: Guardianship v. Custody
Hello,
As you can see from the other responses, it is difficult to give you a certain answer without more facts and being able to read the various orders. Likely you will need someone to help you here in Wisconsin, but you also may need some help from Arkansas, depending on where the legal action(s) take place. Let me know if you need assistance if you are in Northeast Wisconsin.
Best wishes.
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