Legal Question in Family Law in Pennsylvania
MEXICO and custody
My husband and I signed our 2 children over to my mother in a Legal Guardianship document while we were undertaking some serious health issues. We now want full custudy of our children back but she wants to keep them. Hypothetically, if we were to sell our home and move down to Mexico, what would happen to us?
1 Answer from Attorneys
Re: MEXICO and custody
Depends on whether the "legal guardianship" you signed was a purely private arrangement between you and your mother (essentially, "We hereby consent to my mother being the guardian of our children"), without any court involvement, or whether it is was a "formal" guardianship whereby your mother was actually appointed by the court to serve as the legal guardian of children, with the guardianship continuing until the court renders a subsequent order terminating the guardianship.
If the former, you most likely have the power to unilaterally rescind the "guardianship." If the latter, you would need to obtain a court order terminating the guardianship (on the basis that the reasons for which the guardianhip was originally needed no longer exist and, therefore, there is no reason for the guardianship to continue).
LAWRENCE D. GORIN
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