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  1. #1
    Join Date
    Jun 2010
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    Default Can I File for Full Custody if There is Already a Permanent Guardianship in Effect

    I have a quick question.

    Can I file for full custody if there is already a permanent guardianship in effect in another state or would I have to go to court to terminate permanent guardianship first?
    The grandmother of my daughter lives in Massachusetts and has had permanent guardianship since 6/28/07. I live in New Hampshire and always have and was wondering if I could just go and file for custody in NH or am I going to have to end the guardianship in Mass. first and then file for custody in NH?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Can I File for Full Custody if There is Already a Permanent Guardianship in Effec

    How did grandmother come to have permanent guardianship to begin with?

  3. #3
    Join Date
    Jun 2010
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    6

    Default Re: Can I File for Full Custody if There is Already a Permanent Guardianship in Effec

    The ex couldn't and didn't want to take care of my daughter. Grandmother filed for guardianship and I never went to court because I was totally fine with it. I was also still in high school so I couldn't make it to the court date since it was in another state. I have been in my daughters life and get her every other weekend even tho there is no visitation ordered by the court or anything. Now that I am older and out of school, I want to take care of my daughter full time. I already have a son by another women who I take good care of. I've talked to the grandmother and told her about ending the guardianship and wanting to take my daughter and she wasn't too happy about it. She said she was going to "fight it" in court. She only has permanent guardianship and there is no reason why my daughter shouldn't live with me.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I File for Full Custody if There is Already a Permanent Guardianship in Effec

    Are you legally established as Dad? (In other words, did you sign an acknowledgment of paternity and the birth certificate, or undergo court ordered DNA testing to establish paternity?)

    The answer matters.

  5. #5
    Join Date
    Jun 2010
    Posts
    6

    Default Re: Can I File for Full Custody if There is Already a Permanent Guardianship in Effec

    Yes I have signed paternity papers and the birth certificate. I am the father of this beautiful little girl of mine.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I File for Full Custody if There is Already a Permanent Guardianship in Effec

    Good. That means you have standing to petition the court for termination of the guardianship and proceed with a custody action. You should be able to file them concurrently.

    Both actions will need to take place where the child lives, so you'll need to contact an attorney in Massachusetts to get the ball rolling.

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