My mother has temporary guardianship of my son. Can she legally keep my child from seeing me?

Asked 12 months ago - Louisville, KY

I was depressed after my sons birth and lived with my parents until he was 4. My parents helped care for him. I moved next door but my child was so attached did not want to leave. He has medical issues and I didn't want the stress of moving him to make things worse, plus my financials were not good and they could provide a more stable home. I was working 2-3 jobs and school. I allowed temp guardianship cause she said she needed it for school and medical. I've been married almost 2 yrs and she's refuses my child to spend the night cause she personally does not like my husband who's given no reason to distrust. She threatens to take him to out of state. She tells him she loves him so much and would be scared if he stayed. He has expressed to her he wants to come over she says no.

Attorney answers (2)

  1. Michael William Bouldin

    Contributor Level 14

    Answered . Generally guardianship can be revoked at any time by the parent. Your mother could then file for custody, then proceeding to custody battle. I would suggest speaking to a local family law attorney and asking their advice. You can file a Motion to terminate guardianship in the family/district court.

    Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and... more
  2. Denise Leydon Harvey

    Pro

    Contributor Level 14

    Answered . I'm sorry for your situation. I suggest you see a guardianship attorney in your area to see how you can get the "temporary" guardianship removed. Best of luck to you -

    Please note: The above is for general information purposes only. It is not intended to establish and does not... more

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