Legal Question in Family Law in Montana
My parents have had legal custody and guardianship of my daughter for the last 5.5 years. We would like to transfer custody back to me, no fights or battles- it's all agreeable. How do we do this? State is Montana if that makes a difference (custody paperwork originally done in WA).
1 Answer from Attorneys
If by "done" in Washington, you mean filed in a Washington court, you can do one of two things: either register it as a foreign decree in your district court in Montana or have the same Washington court handle this subsequent paperwork.
Because no one is contesting the transfer of custody, I think you could draft a document similar to the guardianship but now the grandparents relinquish all the rights and responsibilities they held and transfer them to you as the child's biological and legal parent. Use a "belt and suspenders" approach and also move the court to terminate the grandparents' status as the child's parents.
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