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Can I Take My Daughter from My Grandmother

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  • 03-10-2010, 08:43 PM
    ssilk12001
    Can I Take My Daughter from My Grandmother
    My question involves a child custody case from the State of: Idaho

    I was 16 when I signed the paperwork that I thought was temporary guardianship to my grandma (which im not even sure was legal because of my age) and come to find out it was for full guardianship. Now she refuses to let her come back and live with me and my other 2 kids. I am perfectly fit to take care of her and she is 80 something now and it has been 6 years and I just want to know what to file and how to get her back or if i can just go take her home to Oregon with me. Thanks
  • 03-10-2010, 08:48 PM
    Mr. Knowitall
    Re: Can I Take My Daughter from My Grandmother
    Are you stating that this is a guardianship that was granted by a court? Then you have to get the court to terminate the guardianship.
  • 03-10-2010, 09:10 PM
    ssilk12001
    Re: Can I Take My Daughter from My Grandmother
    Quote:

    Quoting Mr. Knowitall
    View Post
    Are you stating that this is a guardianship that was granted by a court? Then you have to get the court to terminate the guardianship.

    It was requested by my grandmother so that she could take care of her temporarily while I went to Job Corps. I signed whatever papers that she presented and then they were filed and granted. I believe that they were temporary at first but then requested it to be full guardianship and was granted it because I was not notified of the change and then it became default because I didn't show.
  • 03-10-2010, 09:22 PM
    Mr. Knowitall
    Re: Can I Take My Daughter from My Grandmother
    Then you have to petition the court to terminate the guardianship.
  • 03-11-2010, 11:13 AM
    ssilk12001
    Re: Can I Take My Daughter from My Grandmother
    And how would I go about starting that process? Is there somewhere I can download and print the forms from my computer in Oregon? I have called all over and still have found nothing yet.
  • 03-17-2010, 07:28 AM
    ssilk12001
    Re: Can I Take My Daughter from My Grandmother
    Quote:

    Quoting ssilk12001
    View Post
    And how would I go about starting that process? Is there somewhere I can download and print the forms from my computer in Oregon? I have called all over and still have found nothing yet.

    I believe I have the paperwork I need now but I need to know my rights. Do i still have rights to her as her mother or does my grandma have more rights then i do at this point?
  • 03-17-2010, 03:03 PM
    Dogmatique
    Re: Can I Take My Daughter from My Grandmother
    Quote:

    Quoting ssilk12001
    View Post
    I believe I have the paperwork I need now but I need to know my rights. Do i still have rights to her as her mother or does my grandma have more rights then i do at this point?



    Yes, you're still Mom and your rights still trump Grandma's rights - however she does have standing to actually fight you on this and sue you for custody.
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