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Thebestpaws

My mom has guardianship of my children and is threatening me...

3 posts in this topic

Hello to all! My mother has guardianship of my three kids. Age 10-11. I had them when I was 17 and so she took over the primary care of them as I was just overwhelmed. During this time, I still lived in the same household as the kids and my mom but I was in school and unable to take them to their appointments so we took a piece of notebook paper and I signed that she was their guardian and we got the note notarized. This was in 2008 or maybe 2009. My mother really means well, but now that I am completely finished with school and making decent money Inwant to move out with the children and she tells me I can not. I understand that she’s helped me immeasurably and of course loves the kids, but she keeps saying she will take me to court and tell the judge that I wanted an abortion at first and that I am an unfit parent because I’ve been living with her for so long. Can someone please tell me if the paper we signed can stop me from taking me kids and moving out with them? Thank you.

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Only a court can appoint a guardian for children. No paper you sign has any legal significance in determining whether you can have custody of your children.  Similarily, your original intent to have an abortion is irrelevant since that is not what happened.  Granting temporary guardianship is frequently done for purposes of medical treatment or temporary residence.  It can always be revoked by the parent.

 

Notarization merely proves that the signatures on the paper were written there by persons who allegedly signed them. It has no other legal significance.

 

You are entitled to take custody of the children if you can do so without causing a violent confrontation.  If that is not possible, you can file for custody in the appropriate court.

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5 hours ago, Thebestpaws said:

My mother has guardianship of my three kids.

 

Just to clarify, there is no guardianship order issued by a court.  Correct?

 

As explained in the prior response, in the absence of a court order, there is no guardianship, and your note (notarized or not) is a legally meaningless document.

 

 

5 hours ago, Thebestpaws said:

she keeps saying she will take me to court and tell the judge that I wanted an abortion at first and that I am an unfit parent because I’ve been living with her for so long.

 

She certainly can "take you to court" and ask the court to order a guardianship.  Whether or not you wanted to have an abortion will be a completely irrelevant fact.  Also, her assertion that you are "an unfit parent because" you and the kids have lived with your mother since the kids were born is beyond silly.

 

 

5 hours ago, Thebestpaws said:

Can someone please tell me if the paper we signed can stop me from taking me kids and moving out with them?

 

Nothing short of a court order can legally prevent you from moving out of your mother's home with your kids.  I suggest you consult with a local attorney ASAP.

 

By the way, where's the kids' father in all this?

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