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Grandparents were giving temporary guardianship of granddaughter how do we relinquish rigths back to the father

Biloxi, MS |

When our son was in Afghanistan in 2004 we were given temporary guardianship for our 11 year old granddaughter by the court. We would now like our son to have custody as he is out of the military and married. What do we have to do and will be the least expensive and easiest. Her mom lives in NH but we have not heard from her in over 3 years which is who lost custody 4 years ago.

I have a similar situation but in this case my daughter is with my x-wife, my 1st wife died and it was too much for me at the time, she died giving birth and shortly afterwards I had to receive treatment, I became mentally ill so I gave temporary guardianship to a friend at that time but now she wont give her back to me because of the income she is receiving. What can I do to get my daughter back?

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Attorney answers 1


I am assuming that you went to court and received an order issued by the court giving you guardianship. If the order was temporary there is a date for you to return to court for a final determination by the court. If you never went back to court for a final order then the tempory order would have expired at some point. In that event there is no valid order of guardianship. Therefore, you can just return the child to your son.

On the other hand, if there was a final order issued by the court your son needs to file for custody of the child and the mother would have to be served and you can agree to give your son custody. Ultimately, the court would make a best interest finding to decide whether your son should have custody of the child. The more you align yourself with your son and if he is found to be a fit parent the more likely he will get a favorable final order.

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