Legal Question in Family Law in New Jersey

Robert Gleaner) clarfitying-- Guardianship vs custody

i know this was kind of confusing...let me explain. I am the father of a son who is 15 years old. I have full custody his mom is deceased. He wants to go to Flordia to live with his mom's x-boyfriend ( named BILL) (no relation, of course to my son) and Bill and my son mom's 23 year old daughter (my son's 1/2 sister)

I had to give a notorized lettter given guardianship to Bill to get my son into school. There is no courts involved at all. I am not giving up custody. My son is not happy living with me and my fiance and makes the home unbearable to live in, he thinks that the grass is greener on the other side per say. So I wanted to make him happy and granted his wish.

I just want to know if I wanted my son to come home can Bill fight me on keeping him down there seeing I gave him guardianship??? I think he can't seeing I have full custody and i could just take that guardianship away. I truly don't think Bill would fight me on this but I just want to make sure. Probably I should be more worried about my son fight me on staying down and not BIll? Would Bill have the authoruty per say to keep him? Can you please respond?

Thank you for your time


Asked on 7/22/07, 2:57 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Robert Gleaner) clarfitying-- Guardianship vs custody

I believe that what you gave was a power of attorney for Bill to act on your behalf in relation to your son. You can cancel the power of attorney whenever you want. At least I hope that is the nature of the wording in the "guardianship" letter.

The problem is that no lawyer evaluate the consequences of your letter without reading it.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/22/07, 3:13 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Robert Gleaner) clarfitying-- Guardianship vs custody

My answer remains about the same. It is impossible to predict what a Court might do and it really depends on the facts and circumstances that would be brought before the Court if a dispute were to occur between you and Bill or you and your son. Good luck! Rob Gleaner

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Answered on 7/22/07, 10:31 pm


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