Posted 28 November 2012 - 04:30 PM
Posted 28 November 2012 - 07:54 PM
Posted 29 November 2012 - 07:43 AM
should have i been notified of this
Yes. In fact, it is difficult, if not impossible, to believe that a court would order a guardianship without believing that you had been notified. I suggest you obtain copies of all documents in the court's file so that you can determine how it is that you were supposedly notified of the proceeding. Then consult with a local attorney to determine what you can do to have the guardianship set aside.
my son signed legal papers to give the grandfather legal guardianship
I'm not sure what he signed, but a minor child has no power to "give" a guardianship over him/herself to another. It is possible that, under Iowa law, a child over a certain age can object to a guardianship and that he merely signed a consent to demonstrate that he did not object.
In the last will and testament my former wife gave guardianship to her father in the event of her passing, does the will have any revelance in court.
Relevance? Probably. In other words, a court deciding whether to award a guardianship over a child may take into consideration the wishes of the child's deceased parent(s) as expressed in a will. However, a parent cannot "give" a guardianship over his/her child to someone else (by will or otherwise). A legal guardianship can only be established by order of a court of competent jurisdiction.
When a divorced custodial parent dies, all custodial right immediately and automatically vest in the surviving parent. This is why I said that the court that awarded the guardianship over your son must have believed that you had been notified of the proceeding in accordance with the law.
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