Alright my dear friends was just informed that the temp custodian of her child is planning on leaving the state for a weekend. She has told temp custodian that she feels this is wrong and has denied this.
My thought to her was isnt that kidnapping? I did small research and found that a foster would need permission but would a temp custodian. She is a nervous wreck because this person has kept her son away from her.
The only reason there is a temp custodian is because mom and dad started keeping the child away from each other before they go to court. weeks/ months at a time.
The guardian has the right to go and take the child, as long as the trip is not to avoid giving time to the parent(s).
http://info.legalzoom.com/can-people-legal-guardianship-c...
The temporary custodian can take the child out of state, especially if it's just for a weekend. Just because he/she has temporary custody, does not mean that he/she doesn't have a life anymore.
Tell your friend that this is what happens when people play games using their children as pawns. I hope he/she stresses out all weekend so she can experience the type of stress he/she has undoubtedly put on his/her child with the gamesmanship!
I would think the the custodian would be familiar with the legal requirements.
And this sounds pretty extreme - I'm not sure you're getting all the facts. If she has an objection, she needs to talk to her attorney.
A foster parent only needs permission from the social services agency who has primary custody of the child, not the parent of the child. It may be the same with a temporary custodian ... I don't believe this qualifies as kidnapping.
If that person has legal custody they can do whatever is in the custody papers. If they have legal guardianship they are under no ones jurisdiction, they are the "parents" of that child in the eyes of the law. They are allowed to make life and death choices for that child if they are on life support, they are allowed to take them where ever they want.
They legally are that child's parental figure in the eyes of the law. A parent who is hiding their child from a partner until they go to court is not acting in the right way to begin with. Of course we don't know all the ins and outs of this divorce but if she and her soon to be ex gave this person legal guardianship then they have the right to go to court and ask it be terminated.
If this person is fostering this child under the jurisdiction of the state then the state only wants to know where the child is and who it will be staying with so that if there is an emergency they can say with certainty exactly where that child is. When my friend fostered my grandson and they went out of state for a BMX race she turned in an itinerary for the state and the names of the hotels, where the races were being held, etc....so if there was some development in the case and they needed the child she could say, in court under oath, this child was at such and such hotel in what state, for how long he would be there, what he was doing, where he was at that moment, etc...knowing all this information was important just in case she needed to have him present and he wasn't there.
Guardianship is totally different and doesn't even fall under the same court system. It's just different. They don't answer to anyone and they can take him out of the country if they want.
If she is the legal biological parent and still has legal custody of her child but put him with this person for safe keeping until the divorce she has every right to go to court and ask the guardianship be terminated.
All guardianship is temporary. It is never permanent.
It depends on what's in the custody papers from the court. The custodian might not need permission from your friend to take the child out of the state for a weekend.
What's your friend so afraid of? That the custodial guardian won't return at all? Your friend really needs to think things through to the logical conclusion. She's not coming across as very rational and if she freaks out over every little thing that the custodial guardian does while parenting your friend's child, it's not going to look good for your friend in court.
You shouldn't tell your friend this is kidnapping if you yourself do not know for sure. The decision is up to the courts or state officials involved, not the biological parents.
