Legal Question in Family Law in Missouri

Temporary Guardianship?

A year ago my husband and I started having financial difficulties and I was needing to deal with some mental health issues. We sent our children to live with my parents and signed papers granting them temporary guardianship. Our lawyers said it was a termination of our rights but just an extension of them to my parents. I have to ask my parents if I can have my children for a visit and my mother has said to me that she wants us to move closer to ''help raise'' our kids. The understanding I was given is that theyd live with them and we would be helping...Now Im not ready yet to bring them back home...still trying to work out some kinks but lately Ive gotten uncomfortable. I read somewhere that Temporary Guardianship is only for medical and school reasons that I have every right to go pick my children up any time I want. What are my rights? Do I need to go after visitation rights? When the day comes that we are ready for them to come home will I have to go to court to do so? I didnt think this was custody but can my parents keep us from bringing our kids home and having them whenever we want?


Asked on 6/28/02, 6:28 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Temporary Guardianship?

In the first place, if you had an attorney who represented you in preparing legal documents you should demand a full explanantion from that attorney of your rights and options under the circumstances. If you are no longer represented by that attorney I would strongly suggest that you hire an attorney to provide the legal services you need. Personally, I would not be able to answer your questions without reviewing whatever legal document you signed and interviewing you to determine exactly what the facts are. If there was any court action, I would also need to review any existing Court Order. Depending upon the amount of time involved in performing these tasks the cost in legal fees should be relatively modest. If you are not already represented by legal counsel and would like a free telphone consultation you may call me at 314-727-2822.

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Answered on 6/29/02, 7:04 pm


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