Legal Question in Family Law in Hawaii

Grandparent has gaurdianship but child lives with me

14 years ago my parents took gaurdianship of my son I was 16 they did this for medical and expenses. I live in CA with my son now and my mother is also here, she does not live with us. Nothing has been done regarding the gaurdianship, she said that it would cost to much money to get this done. Does she have any rights when it pertains to my son? And if so, what do I need to worry about. The relationship between the two of us is distant.


Asked on 9/23/02, 9:42 pm

2 Answers from Attorneys

Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: Grandparent has gaurdianship but child lives with me

Your message is a bit ambiguous. When you say your Parents "took guardianship" did you mean a formal court appointed guardianship proceeding in Hawaii? If not then your parents have no right to your child unless they file a formal petition for guardianship of the person of a minor.

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Answered on 9/23/02, 10:14 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Grandparent has gaurdianship but child lives with me

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://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

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

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that IF your parents are the legal guardians of your son you would have to bring a motion to terminate the guardianship. Otherwise the probably have both legal and physical custody with regard to your child.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 9/26/02, 2:19 pm


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