Legal Question in Family Law in Maine
guardianship of children
Can someone sign over guardianship of a child by simply writing on paper and getting it notorized?
Also, what are the rights if someone has guardiansip of a child and can they take them back whenever they chose to?
1 Answer from Attorneys
Re: guardianship of children
Generally speaking, no. A Guardianship of a minor is a formal matter handled through the Probate Court of the County in which the child resides. A formal petition must be filed and proper notice given to all interested parties - usually the child's natural parents.
A guardian, once appointed, has all the powers of a natural parent with respect to the child and can make any decisions that a parent could. A guardian may, if he or she chooses, step down and terminate their guardianship. Guardianships may also be challenged and terminated through th Probate Court.
If you have any further questions, please do not hesitate to contact me.
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