Legal Question in Family Law in California

I live in Missouri. I am the guardian of my grandson. Guardianship granted in Missouri. The mother, my daughter lives in California. He wants to visit her in CA. My question is, can she take him and keep him if she wanted to? He is a 13 yrs old autistic boy and has lived with me since the age of 5 yrs old. Without any visitation from the mother, and only calls twice a yr.

Asked on 4/25/21, 12:17 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

She cannot take him without your consent. If he goes to California without your consent, you would need to be sure he stayed less than six months, or things could get complicated between MO and CA jurisdiction over the child. Given the lack of previous contacts, you would probably prevail if she tried to undo the guardianship in either state, but you would not want to have to deal with dueling MO and CA cases.

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Answered on 4/26/21, 10:06 am

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