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  1. #1

    Default What is the Difference Between Legal Guardianship and Custody?

    I asked my mom to take my daughter while I got my life together. I"ll just be honest and say that I had enough sense to know that I couldn't raise her at the time. So my mom took her and I gave her temporary guardianship.

    Legally, my mom is my daughter's legal guardian. She does not have custody. The courts are not involved nor is child services. This was a family decision.

    I lived in Florida when my mom took her to Chicago to live with her. It's been two years.

    I don't think I will have a problem getting her back but my mom can be difficult. We don't get along and when I'm not doing things exactly the way she wants them done (i.e. being controlling) she threatens me with keeping my daughter.

    I now live in Colorado. If it came down to it and I wanted her back but my mom wanted to give me a hard time, what would my course of action be?

  2. #2
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    Default Re: What is the Difference Between Legal Guardianship and Custody?

    Hire a lawyer.

    Your mother has had custody, legal or not, of your daughter for 2 years. How often do you see your daughter? Do you pay any support to your mother?

    I wouldn't be so sure that it will be easy for you if your mother objects. I'm not so sure the Illinois courts would agree that you should remove your daughter from her home to another state after all this time.

  3. #3

    Default Re: What is the Difference Between Legal Guardianship and Custody?

    I didn't ask for personal opinions. I asked for a legal definition. But thanks anyway!

  4. #4
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    Default Re: What is the Difference Between Legal Guardianship and Custody?

    You asked 2 questions. I responded to this one:
    Quote Quoting laughingpanda
    View Post
    If it came down to it and I wanted her back but my mom wanted to give me a hard time, what would my course of action be?
    And here was my answer.
    Quote Quoting queenie2
    Hire a lawyer.
    You can just ignore the other questions and comments. Their only purpose was to determine whether or not you have legally abandoned your child, and to inform you that your mother may have more legal rights than you seem to realize.

    To answer your title question, there isn't much of a difference; however, I don't know how your mother can be the legal guardian without the court's involvement. Want more info? It's here:
    http://www.illinoislegalaid.org/inde...&contentID=246

  5. #5

    Default Re: What is the Difference Between Legal Guardianship and Custody?

    Mabye I wasn't clear enough in my post.

    My mom and I have a mutual agreement that she will take care of my daughter until I get back on my feet. I see my daughter as often as possible for being 2000 miles apart. My mom flies me out sometimes and right now they are here visiting me where I live.

    I meant that the courts aren't involved in the sense that she wasn't taken from me. I willingly asked my mom to help out so I could get back on my feet. Sometimes these things happen and parents need help.

    My mom has told me she WANTS me to have my daughter but she needs to be sure I am financially stable. I totally agree.

    Sometimes my mom can just pick fights about things when we disagree on ways to discipline her. I guess at this point I don't really have any say.

    It's frustrating but my mom and I talked yesterday and she said six more months at least til I get her back.

  6. #6
    Join Date
    Jun 2008
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    Default Re: What is the Difference Between Legal Guardianship and Custody?

    If there is no court ordered papers than your child is yours. You just tell your mom that you would like your daughter to come back and live with you. If she doesn't not give you your daughter, call the police and have them enforce it. She will have to provide legal documents to show that she is to have custody and if she doens't have that she will have to give her to you. Make sure you have her birth certificate with you and your id to show you are her mother. But you might be better off consulting a lawyer on this issue. Things could get messy.

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