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Molly
Lv 6
Molly asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Legal Guardianship question?

If I have legal guardianship of a minor from the courts, with social services having helped me, do I have to tell the parents I am moving out of state? I know its the polite thing to do, but do I HAVE to? She only visits every few months and has no real interest in the children. and cps will not allow her to get unsupervised visits.

6 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    My guess is yes!

  • 1 decade ago

    If the parental rights of the birth parents were terminated in your guardianship proceeding, then no you don't have to notify her, allow her to visit, etc. Be careful because not all guardianship proceedings terminate parental rights. You should ask the attorney who represented you in the guardianship proceeding whether the proceeding terminated the birth parent's parental rights. This answer is very general and the state statutes authorizing guardianships vary. No substitute for a competent attorney in your jurisdiciton.

  • If you have legal guardianship from the courts, the child is legally yours, especially if parental rights have been voluntarily or involuntarily terminated. You yourself are under no obligations to inform the birth parents of anything. Your state's Family Services Department may be required to notify them, but you only need to notify the Family Services of your intent to move from your current state, to make sure your legal guardianship is not limited only to the boundaries of your current state of residence.

  • 1 decade ago

    You should review the documents that granted you legal guardianship. Your answer will most likely be included there. A true legal guardianship grants exclusive rights and responsibility to the person who cares for the child.

    While there probably is no legal requirement to advise the biological parent, if you believe that it would be beneficial for the child to maintain a relationship with the parent, you may want to notify her.

    Thank you for taking the initiative to care for this child.

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  • 1 decade ago

    As long as CPS is ok with it, you shouldnt have to tell them.. I mean, if the childrens mother doesnt show much of an interest in them, and she doesnt come to see them, its for everyone to assume that she doesnt want them back...

    HOWEVER!!!! It may not be the mother who doesnt have an interest, maybe CPS makes up the access visits and makes them minimal (it depends also on why the chidlren were taken away.. if it was for drug use, then she may get them back, if it was abuse, then Im sure she wont be getting them back)

    You should think about things this way.. suppose your kids got taken away (for whatever reason) it hurts, and its very hard to live your life normally, and CPS doesnt make it easy at all the get kids back.. so I would inform her that you're moving out of state and try to arrange something with the mother and CPS.

  • Anonymous
    1 decade ago

    You need to check with the court, as each state's laws vary. They will be able to tell you if you must notify the parents. Remember, your gaurdianship does not sever ties between the child and parents. Generally, you must notify the court if you move to another state.

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