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Can I move the minor child that I have limited guardianship of, out of state?

Macomb, MI |

I have had limited guardianship of a minor child for the last 13 years. She will be 18 in 3 years. My fiance and I are planning on moving out of state with his three children, our shared child, and the minor child that I have guardianship of. Her biological father lives here in Michigan and her biological mother lives in Florida. Once a year I file an annual report to the local Probate court and my papers get stamped for another year. I consider her my daughter and she is part of our family. I need to know if I can legally move her out of the state of Michigan with the limited guardianship.

Her biological mom is fine with it, her biological father is guilt tripping her for even thinking about leaving him behind. They both signed off their parental rights when we filed for me to have the guardianship 13 years ago.

Attorney Answers 2


I wouldn't advise that you make this move without permission of the court. If the parents have voluntarily terminated their parental rights, why haven't you proceeded with a full guardianship, custody order, or adoption? It seems to me there is a step missing. If they have surrendered their rights, they may not be able to contest the move. You should file a motion or petition with the court for permission to take her with you. You might have to open a guardianship in the county where you are moving, and transfer the case there. This is a complicated situation, and there are many factual and legal issues that have to be reviewed, including reviewing the court file going back 13 years.

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I was in court last weekend when this issue came up. The judge (Wayne County) indicated that the appropriate procedure would be to initiate proceedings in the County where you move and then Wayne County would close your file, once you have been appointed.

I would check with an attorney where you move to decide whether or not the parents need to receive notice. Since they signed off on their rights, then they may no longer need notice.

Best of luck to you!

James Frederick

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