I have a friend, trying to regain custody of her child, due to poor choices many years back. However, she has family that has legal guardianship and are planning on moving out of state. Is this legal? How can my friend go about getting her kid back before this happens? Is there anything legally my friend can do?
The move out of state would likely be considered a change of circumstances which would allow your friend to file a motion to regain custody. What State?
Honestly - I'm not sure. I know it's way out west, though. My friend isn't even supposed to know. Someone leaked the news to them.
I'm telling you how it would work in Virginia. It probably works the same in most places, though. In VA, the moving party actually has to demonstrate that it's in the best interests of the child to move. It's their burden.
How long has the child been away from its biological mother? How old is the child? How are the guardian(s) and child related? What is the age of the guardian(s)? What kind of life are the current caretakers capable of providing the child? Is the mother financially and mentally stable? If given a choice, which arrangement would the child prefer? How intelligent is the child? The answers to these questions should take precedence over the desires of the mother. I'm a staunch supporter of abortion rights, but once a human is born and especially once it's gained appreciable sapience, I view it as a travesty to uproot it from an enjoyable and salubrious upbringing in order to satisfy the desires of unstable parents. Of course it could be the case that the child would benefit greatly from a reunion with its mother in which case I wish you all the best in your quest. It's definitely a complicated topic.
True. The mother is doing great now. Within the past three years, has become assistant GM of the company she started with, she is actively involved church attends school full time. As for the other party, I am not sure what they provide. I am not close enough to the situation to form my own opinion on them.
You sure that it's still legal guardianship, alone? The guardians or the State (if they have been / are involved) could have terminated parental rights, and the children could be in State's custody and the family assigned as guardians, possibly even pending adoption. Normally, courts / State doesn't prefer for kids to be in legal / custodial limbo, and a guardianship that resulted from birth parent mistakes can sometimes be seen as such. It's very unlikely that this could have occurred without mom being fully aware of it, but it's worth mentioning. That mom seeks counsel is the best advice.
She still has parental rights, I know. I am uninformed in how the legal process works, though, so I am not much help in explaining in great depth.
From a friend who works in the biz, hearing only a synopsis of what you relayed, mom faces a dauntingly steep legal climb. But again, no one could better or more thoroughly advise her, than a lawyer.
