Do I have to do anything with the courts if I am out of prison now and the child is with me? 5 Answers as of January 30, 2014

I’m a mom who went to prison for six months. I have a two year old that I gave guardianship to when I was arrested.

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The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
Yes the court order needs to be changed or they may come and try to take the child away. It might be best to wait until you have had the child for six months. Call a lawyer and get more details.
Answer Applies to: Texas
Replied: 1/30/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Was it a formal guardianship through the court or was it a power of attorney. If the latter, you don't have to do anything. If the former, the guardianship should be terminated.
Answer Applies to: Idaho
Replied: 1/30/2014
Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
It is always better to have a custody order in place. I would go to the local court house and file for custody. If you receive any state assistance, the state will seek child support on your behalf. This will notify the father. It is best for you to have a custody order in place establishing yourself as the primary parent and limiting visitation unless and until the father establishes a regular relatonship with the child.
Answer Applies to: Oregon
Replied: 1/30/2014
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
It sounds as if the guardianship proceeding for the child was a voluntary guardianship by you. If so, in Arizona you should seek an order terminating the guardianship, which would be issued by the same court that entered the guardianship order.
Answer Applies to: Arizona
Replied: 1/30/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You should return to court to ensure that the guardianship is terminated. If it is not automatically terminated, you need a new court order to end that guardianship.
Answer Applies to: California
Replied: 1/30/2014
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