Legal Question in Family Law in Utah
We have been raising a child in which is a great-niece since she was 10 months old. She is now 13. So for over 12 years now she has been in our home. We have not ever gotten legal guardianship of her(her biological grandfather has legal guardianship, but he asked us to take care of her), and now 12 years later her biological mother wants to take her back. Her mother hasn't been involved in her life on a consistant basis. She(the mother) wanted us to adopt her, but now has changed her mind. Does the mother have legal rights to come and get the child from us?
2 Answers from Attorneys
As long as someone else has legal guardianship of her, then no, the mother wouldn't have the right to just come and get her. She would need to file something with the court to terminate the guardianship. If the grandfather wants you to take over as guardians, you can file a petition with the court to substitute guardians.
Depending on the amount of involvement, mother may or may not have rights. If a parent goes for more than 30 days without excusable involvement in the life of a child, that parent may be found to have abandoned the child. If the child has been abandoned you or some other suitable person can adopt the child.
You may also try to get guardianship through a court, however, a parent can contest that.
You may call for a free consultation. 801-786-4422
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