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.
2 Answers from Attorneys
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.
Re: Grandparent has gaurdianship but child lives with me
Dear Inquirer:
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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.