Legal Question in Family Law in Mississippi

Is guardianship really custody?

My husband and I asked my parents to take care of my oldest daughter (2) for a short period of time. They agreed but they said because of the distance between their home and ours (we live in different states) that they would need to be appointed guardians over her so that they could get her medical treatment while she was with them, she stays sick alot so this was a valid reason for them to ask for guardianship. They said they would bring her back when we asked them to, so we signed the papers. Now they dont want to give her back and have told us that we will have to go to court to terminate their guardianship in order to force them to return her to us. So my question is does the fact that we appointed them guardians over her mean that they have legal custody of her and can legally keep her from us? If not what can I do to get my child back immediately instead of having to wait to get a lawyer in their state and appear before the judge requesting that they terminate the guardianship? The judge is a good friend of my father's so I feel that they may not be willing to terminate the guardianship if the child is still with my parents. Any help or suggestions is greatly appreciated. Thank you.


Asked on 6/20/04, 5:48 pm

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Is guardianship really custody?

They have custody and you will have to go through court to terminate the guardianship. However, you can ask that the judge recuse himself since he is a good friend of your father. Another judge will be appointed to hear the case.

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Answered on 6/20/04, 5:53 pm


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