guardianship and domestic violence charge

[mdm820]

What is the name of your state (only U.S. law)? south carolina

I was charged with domestic violence about 1 year ago. My wife since moved to a different state with our child and got in trouble. Her sister is now our childs legal guardian. My domestic violence charge was dismissed. Can the judge use the charge when considering terminating guardianship and giving me my child back?

 

[LdiJ]

What is the name of your state (only U.S. law)? south carolina

I was charged with domestic violence about 1 year ago. My wife since moved to a different state with our child and got in trouble. Her sister is now our childs legal guardian. My domestic violence charge was dismissed. Can the judge use the charge when considering terminating guardianship and giving me my child back?

The judge can probably use the circumstances surrounding the domestic violence charge in considering the situation. However, if the child was removed from mom's custody by CPS, and CPS placed the child with the child's aunt, then some pretty serious hoops have to be jumped through to take the child out of the state to be placed in your custody. I strongly recommend that you hire an attorney in the community where your child is located.