Legal Question in Family Law in California
Legal Guardianship
I was appointed Legal Guardian of my grandson almost five years ago. Last year my husband and I moved to Arizona to give a more stable enviroment to my grandson. My daughter, the mother of my grandson, told him that since we moved out of California, we no longer have legal guardianship of him.
She wants to take him to Michigan and move him into a house where there is domestic violence and disregad for a court ordered restraining order on her boyfriend. He does not want to go and is upset by this. My grandson is now 12 and the reason we have guardianship is because she left my granddaughter and my grandson to move with her boyfriend in Michigan. Her former husband has custody of my granddaughter, his child, but my grandson was not his biological child, so we petitioned and won guardianship of him. She refuses to accept the fact that she abandoned her children and continues to make excuses for her actions. To make this long story short, do I still have legal guardianshp of my grandson even though I no longer reside in the state that granted it? Thank you,--name removed--W.
2 Answers from Attorneys
Re: Legal Guardianship
Sent 7/20/2004
So long as your Court Order was validly issued, then it should be enforceable and honored by all other states.
In Arizona, you can "domesticate" the California Order, which then makes it valid and enforceable in Arizona just as if it were issued by an Arizona Court.
I can explain the procedures and related issues better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
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JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
Re: Legal Guardianship
Check with an Arizona attorney, but my feeling is that the guardianship is still valid in Arizona. You will probably have to get a certified copy of the letter's of guardianship and have them filed there. Do not let him go without a court order. Once he is gone getting him back may be difficult. In addition to the emotional damage that may be done to the boy.
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