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Desperately seeking help!!!!

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pswaney

Junior Member
What is the name of your state (only U.S. law)? Indiana
My current wife has limited guardianship of her 20 year old Down Syndrome son, we are wanting to move from Indiana to Pennsylvania, to be near my family, her ex-husband is apparently going to try and interfere with our decision. What can we do to legally make this move without interference? We have agreed to allow her son to return for visitation from time to time, could you touch on that subject also? Please and Thank you! We are being harrassed by her family over this matter and that is also stressing us and her son out!
 


nextwife

Senior Member
You and wife can move anywhere. Dad has every right to object to his son also being moved.
 
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LdiJ

Senior Member
You and wife can move anywhere. Dad has every right to object to his son also being moved.
I think mom needs to talk to an attorney on this one. The son is an adult with rights, despite his disability and the mother's limited guardianship. I am not sure that dad would have the right to object to the move unless its because the son objects and dad would objecting on his behalf.

In any case, I think that this one would require an attorney experienced in more than just the family law area.
 

nextwife

Senior Member
I think mom needs to talk to an attorney on this one. The son is an adult with rights, despite his disability and the mother's limited guardianship. I am not sure that dad would have the right to object to the move unless its because the son objects and dad would objecting on his behalf.

In any case, I think that this one would require an attorney experienced in more than just the family law area.
He has a guardian, thus he's not legally entitled to make his own decisions, at least as far as matters under the guardianship is concerned
 

LdiJ

Senior Member
He has a guardian, thus he's not legally entitled to make his own decisions, at least as far as matters under the guardianship is concerned
Yes, there is a limited guardianship, but I still don't think that we can definitively state that his father still has the same parental rights as if he were a minor. That's why I think that she should be talking to an attorney.

I really think this one is over our heads.
 

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