Temporary gardianship order expiration

[intrepidclimber]

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

I will try to keep this brief as it what I believe is a technical issue.

Wife's mother has had guardianship of her son for a few years. We had discussed lately going to court to get the guardianship order revoked. After reviewing the actual guardianship order, I see that the guardianship order is done under A.C.A. 28-65-218. I believe this is a temporary guardianship order. The code says the guardianship expires after 90 days. For whatever reason, there never was another hearing after this one. Of course we will eventally consult an attorney on this matter, but I wanted to run it by here for dicussion and see what others think. Assuming I'm correct and this is a temporary order that expired 90 days after the date the order was issued, does that mean the guardianship order is no longer in effect? Does it have to be challenged, or is it as easy as asking the judge to revoke it and having the sheriff assist with getting her son back? Is this really the slam dunk that it looks like it could be? Thanks.

 

[stealth2]

These things are rarely a "slam dunk".

Let's start w/the circumstances under which an order was entered granting grandma guardianship? How old is the child? How long has he been living with grandma.

And, really, it would be best if your wife actually came and posted. While I'm sure you are a great support, this is not your legal battle. She needs to be the one making the effort for her child.

Oh - where's Dad?

 

[intrepidclimber]

These things are rarely a "slam dunk".

Let's start w/the circumstances under which an order was entered granting grandma guardianship? How old is the child? How long has he been living with grandma.

And, really, it would be best if your wife actually came and posted. While I'm sure you are a great support, this is not your legal battle. She needs to be the one making the effort for her child.

Oh - where's Dad?

"Dad" is more of a friend that he plays video games with a few hours every other week or so. He is not very involved in his life, has no job, on SSI.

For all intents and purposes I am the closest thing my stepson has had to a father for the past 3 years. So yes, this IS my battle too. I feel that when I married my wife he became my child and my responsiblity as well. I don't make a distinction because he is my stepson. Not to mention I am the breadwinner of the family so any legal battle will be financed from my income.

 

[stealth2]

"Dad" is more of a friend that he plays video games with a few hours every other week or so. He is not very involved in his life, has no job, on SSI.

For all intents and purposes I am the closest thing my stepson has had to a father for the past 3 years. So yes, this IS my battle too. I feel that when I married my wife he became my child and my responsiblity as well. I don't make a distinction because he is my stepson. Not to mention I am the breadwinner of the family so any legal battle will be financed from my income.

Alrighty then. Make that appointment w/a lawyer. Have a good day.

ETA:And he is not "Dad". He IS Dad.

 

[Ohiogal]

"Dad" is more of a friend that he plays video games with a few hours every other week or so. He is not very involved in his life, has no job, on SSI.

For all intents and purposes I am the closest thing my stepson has had to a father for the past 3 years. So yes, this IS my battle too. I feel that when I married my wife he became my child and my responsiblity as well. I don't make a distinction because he is my stepson. Not to mention I am the breadwinner of the family so any legal battle will be financed from my income.

Really? Yet grandma has been raising the child. Do hire that attorney because with your attitude no one here will want to help you.

 

[stealth2]

Really? Yet grandma has been raising the child. Do hire that attorney because with your attitude no one here will want to help you.

Note the only question OP saw fit to answer is one allowing him to bash one parent. The one he's not married to.

 

[TinkerBelleLuvr]

"Dad" is more of a friend that he plays video games with a few hours every other week or so. He is not very involved in his life, has no job, on SSI.

For all intents and purposes I am the closest thing my stepson has had to a father for the past 3 years. So yes, this IS my battle too. I feel that when I married my wife he became my child and my responsiblity as well. I don't make a distinction because he is my stepson. Not to mention I am the breadwinner of the family so any legal battle will be financed from my income.

You came to a LEGAL site. YOU have NO legal presence in this battle. None. Zip. Nada. You are married to one of the parents who have a dog in this site. If you want to help your wife, help pay for an attorney.