Advice About Guardianship...Moving out of state - Mothering Forums

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#1 of 6 Old 06-19-2009, 10:04 PM - Thread Starter
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I am hoping to get some advice

Here is the situation:
Baby Girl is almost 2 years old. My friend has had legal Guardianship through the state of California for about 18 months. She has had Baby Girl in her custody since she was a newborn, 3 weeks old. Baby Girls Bio Mom is friends cousin, and involuntarily surrendered Baby Girl.

My friend is now in the process of leaving an abusive marriage and is wanting to move out of state. She is wondering what she should do about Baby Girl's guardianship.

Any experience or ideas would be appreciated. She is worried she will somehow lose her guardianship due to the out of state move, or because of the divorce. Is this possible??
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#2 of 6 Old 06-21-2009, 10:36 AM
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if she has one..If not to go in and talk to someone in the court/social worker make sure she can legally leave the state with the child..

I have Sole Permanant Custody of my little granddaughter...I have had her since she was 2 months old legally...Had her since the day she was born though...This was a question I put to my lawyer since eventually I plan on moving back home(hopefully before L goes to school) and he said I could take her anywhere because of the way the custody papers are for L..

But I guess it would probably depend on visitation for the child/parent and what rights she still has..My son and girlfriend only have supervised visits at my discretion(whenever they want as long as they are clean,not in trouble and have no cutting marks on their bodies).If your friends child has say visits with the mother on the weekends it may pose a problem...

So your friend needs to talk to someone who can go over her custody papers and see what can be done or maybe even ammended so she can leave the state...

Good Luck....I can't imagine being stuck in a state I hate(and I do immensly dislike Kentucky).

Hope your friend gets it all worked out...
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#3 of 6 Old 06-21-2009, 10:45 AM
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I don't know much about guardianships, but in foster care, to move out of state, you need a legal order and an Interstate Compact (ICPC). Sorry not to be of help.

I'm pro-adoption reform, but not anti-adoption.
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#4 of 6 Old 06-23-2009, 11:37 AM
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When we were VeeGee's guardians, we did not have to get approval of any sort to move. In fact, we got guardianship in a county across the state (where she was living at the time) and then immediately brought her back to our county (six hours away). Because with guardianship, at least in our case, there's not the level of social worker involvement (for better or worse), I don't think there are many restrictions at all on residence.

Wendy ~ mom to VeeGee (6/05), who has PRS, Apraxia, SPD, VPI, a G-Tube, 14q duplication, and is a delightful little pistol! I'm an English professor and a writer.
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#5 of 6 Old 06-24-2009, 12:12 AM
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A good friend of mine has permanent legal guardianship of her former foster child. I'm not sure what the deal is with residence. I can ask her tomorrow. The child's birth mother is eligible for eight hours of visitation every quarter. If they were to move, I don't know what would happen with that. The birth mother will never regain custody so I'm assuming they can move but I'm not completely sure.
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#6 of 6 Old 03-27-2012, 03:27 PM
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Hi, I am a Proffesional Guardian and Case Manager, and can tell you that a Ward if moved out of state must Petition the court in State the Ward reside once she has moved as well as advise the current State of the move.


You may not need council if there is no dispute in the custody, if there is then you are best served by an Attorney however these are 2 different Courts 1)Family 2) Probate.

Good Luck


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