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full-of-hope

Junior Member
What is the name of your state? Florida

My sister called me in June 2004 and wanted me to "take" her child to florida to live with me. I immediately flew to Ohio and got the child, knowing it was a bad situation. The child is 6 now and I have legal guardianship of her, court ordered and completed by an attorney. On the forms filed with the local clerk of court it states " with full power to exercise all delegable legal rights and powers of the Ward pertaining to the Ward's person, and to have the care, custody and control of the Ward."

Since the child has been in my custody, she has begun conseling and some very disturbing things are being brought to light. The child's father is bi-polar, a massive drunk and a drug addict. My sister has been in and out of jail, rehabs, and even arrested in her earlier years for prostitution. My sister has 4 children total, one still with her, 2 have been adopted and the final with me.

Since this has a taken place, my sister has moved from OH to KY and claims that all things are better. she is still with the father, nobody works, and I fear for the child if she goes back a life of abuse and neglect.

My concern is this. What parental rights does my sister have at this point? Can she take the child back? What rights as guardian of the "ward" do I have?

My sister is trying to plan a visit this month and I am afraid she is going to steal the child! Please help!
name of your state?
 


azgrandpa

Member
My concern is this. What parental rights does my sister have at this point? Can she take the child back? What rights as guardian of the "ward" do I have?
Blonde Lebinese's response to your first posting was accurate. However, there must still be a confusion in your mind as to your legal position. So, maybe I can help.

At the time of your guardianship hearings, if your sister's parental rights weren't terminated by the court, specifically; then she still has all of her parental rights. That, however, does not mean that she has ANY control over the child. YOU have complete control! She has to file, with the court, a petition to terminate your guardianship. Then you both will battle it out as to whether the guardianship is terminated. So, if you think there is a significant chance that she will take off with the child; it is up to you to be sure she is never out of your sight!
 

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