Can a guardian leave state?

[Copperarab]

What is the name of your state? Oklahoma

I am filing for a divorce soon and plan on going back east 6 months or so, or when the divorce is final.

I have legal guardianship of my near 3 year old granddaughter. Her mother, my daughter, is currently in florida staying with friends looking for work. The natural father is here in the same town. The acknowledgment of paternity papers were signed at the childs birth. At the guardianship hearing a year and a half ago, the judge had informed the father to set a hearing to formally acknowledge paternity through the courts, which has never been done.(he was told if he did do that he would most likely have to pay cs).

The judge did grant visitation to the father, even w/o proper and legal proof of paternity claiming he was doing it to be nice and fair.

Neither parent has attempted to file for custody.

Can I leave the state, go back home, as long as my daughter is with me? If so, she can file for temp. custody of my granddaughter if need be, though the child will still be in my care. We were told in court that if either parent filed, it pretty much tossed my guardianship papers out the window.


No where on my papers does it say I cannot leave the area.

Thanks................

 

[BL]

What is the name of your state? Oklahoma

I am filing for a divorce soon and plan on going back east 6 months or so, or when the divorce is final.

I have legal guardianship of my near 3 year old granddaughter. Her mother, my daughter, is currently in florida staying with friends looking for work. The natural father is here in the same town. The acknowledgment of paternity papers were signed at the childs birth. At the guardianship hearing a year and a half ago, the judge had informed the father to set a hearing to formally acknowledge paternity through the courts, which has never been done.(he was told if he did do that he would most likely have to pay cs).

The judge did grant visitation to the father, even w/o proper and legal proof of paternity claiming he was doing it to be nice and fair.

Neither parent has attempted to file for custody.

Can I leave the state, go back home, as long as my daughter is with me? If so, she can file for temp. custody of my granddaughter if need be, though the child will still be in my care. We were told in court that if either parent filed, it pretty much tossed my guardianship papers out the window.


No where on my papers does it say I cannot leave the area.

Thanks................

Why were you awarded Guardianship ?

The Court awarded visitations , you can not interfere with a Court Order .

No your daughter can not have a Court Order for Custody , and you have one for Guardianship at the same time .

The Father at anytime , including up to 6 months , can establish Paternity , and Petition for the Child to be returned ..

 

[Copperarab]

Hi Blond Lebanese.........

I was awarded guardianship due to neglect of the baby by both parents. Neither parent has made any attempt to parent the child in any way.

I understand that filing custody deletes my guardianship. I also understand that when there is no custody orders between 2 unmarried persons, either person can easily move away until custody IS established, if ever.

The natural father does have visitation, but due to problems with the visitation, the judge cut the 6 hrs weekly down to 4 hrs. The father has spent quite sometime in and out of jail plus is in debt up to his ears with fines due the courts. I have documented the many times he was not present when dropping the child off for the visits.

He has another child on the way with his current girlfriend, and rumour has it that he may leave the area and hide..(course just a rumour)

I know much of this info is irrelevant. I just want to know if I can legally leave the area.

Thanks..

 

[LdiJ]

Hi Blond Lebanese.........

I was awarded guardianship due to neglect of the baby by both parents. Neither parent has made any attempt to parent the child in any way.

I understand that filing custody deletes my guardianship. I also understand that when there is no custody orders between 2 unmarried persons, either person can easily move away until custody IS established, if ever.

The natural father does have visitation, but due to problems with the visitation, the judge cut the 6 hrs weekly down to 4 hrs. The father has spent quite sometime in and out of jail plus is in debt up to his ears with fines due the courts. I have documented the many times he was not present when dropping the child off for the visits.

He has another child on the way with his current girlfriend, and rumour has it that he may leave the area and hide..(course just a rumour)

I know much of this info is irrelevant. I just want to know if I can legally leave the area.

Thanks..

The bottom line is that you can (unless there are geographical restrictions in your orders) but at any time before you legally establish residency in the new state (usually six months) the father could file in court for custody and likely get the judge to order you to return the child to the home state. Therefore, its a risk.