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guardianship/moving out of state

Posted by on Aug. 30, 2012 at 8:30 AM
  • 6 Replies

Hi all-

I can't find anything on the internet to answer a burning question, so i'm turning here and hoping some other moms/guardians/whoever can help me! 

I am an aunt/guardian and have always wanted to move out of state.  My husband and I had planned on this for a long time but put our plans on hold to pursue guardianship of our niece (we say our daughter now.)  One of our daughters' bio-parents lives out of state and is ok with the move.  The other bio parent lives in the same town we do, and we've never raised the topic of us moving.  We've had guardianship for 2+ years, but our daughter has been out of the in-town bio parents house for 4+ years.

We want to move with our daughter, and start our lives about 10 hours away as we've always planned since before we were married.  But now i'm wondering what obligations I have as far as informing the bio parents.  Do I have to even ask permission, or can I just state what my plan is and follow through?  I feel like its' relevant to say that neither bio-parent has provided any type of child support in years.

Any other people or guardians out there who have some insight or have been through a similar thing?   Anyone have anything?  :)

Posted by on Aug. 30, 2012 at 8:30 AM
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momof3jam
by Member on Aug. 30, 2012 at 8:39 AM

 Is that in-town bio actively participating in her life? I think you need permission, unfortunately. Maybe you should pursue officially "adopting" her?? I think it's stupid that you have to ask permission to move out of state, but you probably do - or at least I would - to cover my tracks. You don't want them calling the police saying you kidnapped her. Is it "official" guardianship, through the courts, or did you just take her in as your own? What a f'd up situation for the poor little girl. Good thing she has you and your DH to step in for her. And good for you for doing it! :-)

wakymom
by Ruby Member on Aug. 30, 2012 at 8:42 AM

I would check w/ a lawyer about it.

 

 

 

 

 

Barabell
by Barbara on Aug. 30, 2012 at 12:46 PM

If you have complete legal guardianship, I would think you can move where ever you want with your daughter. It would probably be polite/nice to ask/tell the biological parents, but it probably is not legally necessary---unless your guardianship has some kind of stipulations to it.

I agree with checking with your lawyer that did the guardianship paperwork if you are unsure.

Jinx-Troublex3
by Gold Member on Aug. 30, 2012 at 2:11 PM

This... If the guardianship is legal and through the state, it shouln't be a problem.

If the parents have informally just left her with you, it could be a problem.

I would push to have her adopted and make everything final so you have complete say and there is never a question.

Quoting Barabell:

If you have complete legal guardianship, I would think you can move where ever you want with your daughter. It would probably be polite/nice to ask/tell the biological parents, but it probably is not legally necessary---unless your guardianship has some kind of stipulations to it.

I agree with checking with your lawyer that did the guardianship paperwork if you are unsure.


Jinx - Homeschooling, Scouting & Karate butt-kicking  Mom to Star Scout Ian 1/98, Scout Sean 9/00, Junior GS Heidi 4/03. Wife to Joe & Alpha to German Shepherd Spazz.

raczac
by Cindi on Aug. 30, 2012 at 3:20 PM

Call a lawyer and ask. When I got gaurdianship of my now adopted son's we already lived out of state from the birth mother. We are 6 hours away from where she lives. The state took the kids from her for being born addicted to drugs. She also has three older daughters that she has lost custody of. Good luck

miss_AP
by Bronze Member on Aug. 30, 2012 at 4:45 PM

Check with a lawyer and read your local statutes, but if you have full guardianship you should be able to do whatever you please. Check your decree that grants you guardianship...it should specify exceptions in there. GL!

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