I let my daughter stay with her Aunt to finish the school year out and come back home after. A family member told me that she was trying or going to get custody of her behind my back. I am a very good mom and always put my kids 1st. I have NEVER kept my kids from their family and never would. Can she legally do that without my consent? I am in Fl and she is in Ga and I was not married to my childs dad so I no legally he couldnt take her but now im hearing this so im not wantin to say anything to her in cade she can do that. Thank u
They cannot do
It without notice to you. The court would require you to be involved.
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Normally the natural parents would need to have notice of the proceeding. The Judge or Magistrate overseeing the proceeding would question why the natural parents were not notified or present. The burden to give custody to a non parent custodian, is much higher, lack of fitness to be a parent, as opposed to the burden between parents, best interest of the child. Be careful what you sign when you sign documents to give someone else power of attorney or other written authority relating to parental responsibilities in your absence.
Answering this question is for educational purposes only and is not intended to establish an attorney client relationship
You are the natural guardian of your daughter. Her aunt could seek to have your parental rights terminated, but it is very difficult to do that and if you are a proper and fit parent, I can't imagine why that would happen. Additionally, if your rights were terminated, her Dad would have more of a claim to your daughter than her aunt provided he jumped through the correct legal hoops.
Her aunt could file for temporary custody by an extended family member, but she would have to comply with the legal test again, jump through legal hurdles.
She can't do anything "behind your back."
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