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Revoking Temporary Guardianship

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reallyneed2know

Junior Member
What is the name of your state (only U.S. law)? Florida

I desperately need the answer to this... A month and a half ago, I ended up getting kicked out of my house and my friend offered to watch my 9 month old son until I got on my feet. Of course I willingly agreed because of the seriousness of the situation. Well, they convinced me to sign a "temporary guardianship" under the pretense that it would only be in the event my son needed to visit the doctor or a time when she had the authority to make crucial decsions. I had no choice but to sign. The "temporary guardianship" is some crap my mom typed up on her computer, not through the courts. We went to a bank and had it notarized. Again, not signed by a judge. It does not list a time frame to which the "temporary guardianship" ends and the only stipulation is an agreement to transition when I get my son back. Is this legitimate? I am now on my feet and have everything in order for my son. Temporary guardian is refusing to return my son to me or even answer my calls, emails or texts. I have not seen my son in over a week and I am freaking out!! If she does not return my son to me, can I prosecute? What can I do? Does she have any rights to keep my son from me? Can I revoke this generic "temporary guardianship"? By the way, the temporary guardian is not related to my son in any way. Isn't that kidnapping especially since she wasn't made temporary guardianship by a judge?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Florida

I desperately need the answer to this... A month and a half ago, I ended up getting kicked out of my house and my friend offered to watch my 9 month old son until I got on my feet. Of course I willingly agreed because of the seriousness of the situation. Well, they convinced me to sign a "temporary guardianship" under the pretense that it would only be in the event my son needed to visit the doctor or a time when she had the authority to make crucial decsions. I had no choice but to sign. The "temporary guardianship" is some crap my mom typed up on her computer, not through the courts. We went to a bank and had it notarized. Again, not signed by a judge. It does not list a time frame to which the "temporary guardianship" ends and the only stipulation is an agreement to transition when I get my son back. Is this legitimate? I am now on my feet and have everything in order for my son. Temporary guardian is refusing to return my son to me or even answer my calls, emails or texts. I have not seen my son in over a week and I am freaking out!! If she does not return my son to me, can I prosecute? What can I do? Does she have any rights to keep my son from me? Can I revoke this generic "temporary guardianship"? By the way, the temporary guardian is not related to my son in any way. Isn't that kidnapping especially since she wasn't made temporary guardianship by a judge?
how long was the child in your "friend's" care? where is dad? i'm assuming your mom, though? is this dad? if this is dad, where is mom?

if absolutely NOTHING was filed by the courts, then have a police escort take you to the house where your child is at. have birth records, immunization card, custody papars if you have any.

in the event, this "friend" has court papers signed by a judge, request the police officer for YOU to veiw them
 

reallyneed2know

Junior Member
Yes, I am the mother. The "father" is pretty irrelivant. He's in jail constantly and isn't an active participant in my sons life.

My son has been in this persons care for approximatley two months but has only been the temporary guardian for about a month and a half.

I appreciate your response, it makes me feel a little better.
 

reallyneed2know

Junior Member
By the way, I know this looks bad on my part but I have absolutely no clue where the temporary guardian lives. She makes it personal mission for me to not find out. As irresponsible as it really is, I was put into a position where I had to think of the best interest of my son. Would I have to call the police to find my son?
 

Isis1

Senior Member
legally speaking, this friend doesn't have any guardianship. notarizing anything means nothing. it's not signed by a judge, therefore has no lgal valuse where custody is cincerned.

you need to act on this ASAP. like today. before something IS filed. like temp guardianship with a judges signature.
 

Isis1

Senior Member
By the way, I know this looks bad on my part but I have absolutely no clue where the temporary guardian lives. She makes it personal mission for me to not find out. As irresponsible as it really is, I was put into a position where I had to think of the best interest of my son. Would I have to call the police to find my son?
whow. you have a problem. you gave your child to a stranger? how did you meet this person? do you know where she works? who her friends are? this new bit of info is NOT going to work well when trying to explain to an officer what you are trying to do.
 

reallyneed2know

Junior Member
Woah! Of course I didn't give my child to a stranger! This person is actually my moms ex-girlfriend who is still active friends with my mother. I have known this person almost 7 years..
 

reallyneed2know

Junior Member
My mom is refusing to tell me... I feel like this was a conspiracy to gain custody of my child and temp. guardian never intended to return my child to me.. I know her full name though. I guess I will have to call the police? For a while there, she was allowing me to see my son in the process of getting on my feet so everything was cool but all of a sudden the script has changed for no good reason. I don't do drugs, I am not a violent person, I am very mentally stable and I treat my son wonderfully. There is no viable reason for this sudden change...
 

Isis1

Senior Member
My mom is refusing to tell me... I feel like this was a conspiracy to gain custody of my child and temp. guardian never intended to return my child to me.. I know her full name though. I guess I will have to call the police? For a while there, she was allowing me to see my son in the process of getting on my feet so everything was cool but all of a sudden the script has changed for no good reason. I don't do drugs, I am not a violent person, I am very mentally stable and I treat my son wonderfully. There is no viable reason for this sudden change...

wait around for more seniors, your problem seems to have fallen out of my spectrum....
 

Gracie3787

Senior Member
Again, call the police and report that your mother has engaged in hiding your child from you.
OP, please do as OG has suggested. If for some reason, the police refuse to help, you need to get a consult with an attorney ASAP. You can get a low cost 30 minute consult by calling the Florida Bar Lawyer Reffferal Service at 1-800-342-8011.

There is something I'm curious about though, you said that you do not know where the "guardian" lives, but she had been allowing you to see your son. I'm assuming that means that she never let you see him at her home, or that she has moved within the last week. This is going to pose problems for you, unless you are able to locate her address. Try doing a search on some on the free web sites, just Google "locate person" and alot of sites will come up.
 

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