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Is revoking a child guardianship easier if both parties are living in the same state that the guardianship was started in?

Petoskey, MI |

If you are revoking a guardianship for a child, is it easier if both parties are both living in the same
State in which the guardianship was started in? It is in Michigan, but I'm currently living in Chicago. Will this be more complicated due to there are two different states? How does this work? Any advice is appreciated. I'm willing to move back to Michigan, just need this advice. The child is under the age of 5.

Attorney Answers 4

Posted

If the guardianship is in Michigan, then the hearing or hearings to terminate will be in Michigan. This does not mean you need to move to Michigan, but you will have to be present in court. You really need an attorney to assist you with this, unless the current guardian(s) will go along with the termination.

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Posted

Things are always easier to do when you are present. With that said, are you trying to terminate a limited guardianship? Are you looking to replace it with someone else? Are both parents on board?

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4 comments

Asker

Posted

Terminate a full guardianship. I would like to get my child back. So you are saying is that being in the same state would make things easier rather than driving from Chicago to Michigan each time.

Julie Aletta Paquette

Julie Aletta Paquette

Posted

It could be as little as 1 hearing, maybe 2, that you have to drive for, which seems far less inconvenient than moving.

David B. Carter Jr.

David B. Carter Jr.

Posted

Depending on how long the child is under the guardianship the court can take up to a year for a transitional period per the statute. You being in Michigan would help the flow of this transition.

Asker

Posted

Thanks for the answers.

Posted

As my colleagues have pointed out, this can only be done through probate court proceedings. An attorney would be helpful.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

I agree with my colleagues.
Do you have a better plan to replace the Guardianship?

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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2 comments

Asker

Posted

I plan to revoke the guardianship and have my daughter live with her real birth mother.

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

Ok-Hope that is the best plan and it works out for the child.

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