Temporary Guardianship - Grandmother

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Latest post 01-04-2006 7:25 PM by LynnM. 4 replies.
  • 01-04-2006 4:15 PM

    Question [=?] Temporary Guardianship - Grandmother

    I have an 11 year old daughter, and a year and half ago I accepted a position with my company in another state. At the time, my daughter and I lived in TN and my mother and daughter had a really close relationship, usually my daughter would stay the weekends and holidays with my mom.

    Not knowing for sure how things were going to work out with my job in the other state, and because my mom offered to homeschool my daughter to "catch her up", I agreed to let my daughter stay with my mom at most until I was sure things were or weren't going to work out in TX. And so my mom could legally homeschool my daughter I had to sign over temporary guardianship. For some reason, my mother did this through a GA court.

    Fast forward to present time, and things did not work out in TX and I moved back to TN. Now that things are back to the way they were a year and half ago, I would like to have my daughter back. But, my mother is not allowing me to get her back and says that I will need to take her to court to get her back.

    I'm starting to get desperate because my mother will not even let me see my daughter. The probate court in GA where the paperwork is filed told me that I would need a lawyer to dissolve the temporary guardianship and most of the lawyers I speak with want $1000 retainer fee just to get started - With the move and all I just don't have that kind of money laying around, but am starting save up, I just fear that the longer I have to wait to take this to court or even begin to file the paperwork, the worse it is going to look on me timewise. Any suggestions would be appreciated. Thank you for taking the time to read this.
  • 01-04-2006 4:52 PM In reply to

    re: Temporary Guardianship - Grandmother

    To be honest the time to have consulted a lawyer was BEFORE you did any of this.

    Does your mother live in GA? If not, the GA court likely does not have jurisdiction and the guardianship may be void. You are right that the longer you wait the harder it will be. Can you borrow the money? Find an attorney who will let you make payments?
  • 01-04-2006 5:12 PM In reply to

    re: Temporary Guardianship - Grandmother

    I agree 100% that I should have consulted an attorney before any of this.

    My mother has property in GA and claims residency there under some circumstances - But she lives and works in TN, and my daughter is currently enrolled in a TN school system as of this year.

    I am trying to borrow the money, as well as trying to find an affordable attorney, however with the case being in a small GA court system, attorneys in the area are sparse - I found one in a neighboring county that will take the case, but he's the one who wants $1000 before he will proceed.

    I have an email into a couple of supposed "affordable" attorneys and am anxious to get a response.

    I guess the most mind boggling part of this is that I keep wondering how temporary guardianship overrules natural parental rights (which I did not relinquish at all) - And I'd been my daughters primary provider for her first 9 and half years of her life - But I also know that I was the one who agreed to sign the paperwork a year and a half ago so I'm definately taking much of the blame - It's just a matter of getting the situation in court now.

    Thanks for your response!

  • 01-04-2006 7:25 PM In reply to

    re: Temporary Guardianship - Grandmother

    Start by talking to a local attorney. I doubt GA had jurisdiction over the child. Although you may be out of luck since you allowed it to take place.

    The problem is that unless the guardianship was designed to terminate at a specific time it continues until the court terminates it.
  • 01-21-2006 10:45 AM In reply to

    Sad [:(] re: Temporary Guardianship - Grandmother

    im in sort of the same situation my mom wont give my 10 yr old daughter back i gave her guardianship to go in the military. i cant afford an attorney what are my options?
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