Legal Question in Family Law in California

Re: Interstate Guardianship

Florida law will govern the documentation needed for you to enroll the children in school and obtain medical treatment. Consult a Florida attorney on this issue.

California law will govern the children leaving the state of California. Unless the California custody order provides that she cannot leave the state, she need only give father written notice of her intent to move with the children, the date of the move and the new address. It would then be up to father to request an order denying her the right to take the children from the state.

Reply: Interstate Guardianship

Since you are in Florida, I suggest that you consult with an experienced family law lawyer there.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

Re: Interstate Guardianship

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If the arrangement is to be temporary you probably do not need a formal court-ordered guardianship. A "Guardianship Authorization" form should suffice; however, check with your local school district to see if they strictly require a formal guardianship to enroll the children. (A power of attorney is inappropriate.) Father need not give consent if mother has sole (not "full") custody.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.