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A question regarding legal guardianship?
So my wife is 19, I'm 19, and she has ADHD, as well as a learning disability. Back when she was still 17 -- from what I understand -- her mom went to court with lawyers and a judge and all that about legal guardianship. Her mom says that she is still my wife's legal guardian, and she is the payee (as in, the disability money goes to her, I think). Is she right about the legal guardianship thing? And if so, how long can she be the legal guardian? Wouldn't a marriage nullify that entire thing? Please explain
6 Answers
- Anonymous2 years ago
WHERE? This is not Federal law. In MY State the mother is the legal guardian unless and until the COURT conducts a hearing and appoints someone else.
Marriage changes nothing concerning guardianship.
Source(s): law school - babyboomer1001Lv 72 years ago
Yes, a marriage would nullify it but, there will be a process you two will have to go through to either end the payments or get them sent to you. Consult a lawyer to learn what to do.
Source(s): Certified Paralegal, with 25+ years' experience. - JerryLv 62 years ago
Yes, she is still the legal guardian. Not sure about the marriage re: guardianship. Depends on the wording. Check with an attorney.
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- martinLv 72 years ago
Your marriage could nullify it, but with you both still being teenagers, it's better probably to wait until you have settled into a steady job. In the meantime, it wouldn't hurt having the mom continue as guardian. Money is coming in, and she must have your wife's best interests at heart.