Can a temporary guardian legally deny a parent the right to see their child?

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Can a temporary guardian legally deny a parent the right to see their child?

Mother-in-law has temporary guardianship of my husband’s son. She found out that my husband’s is in the process of trying to have him come live with him (my husband voluntarily did this not the child being taken away). Well now she says that he cannot see his son again. Can she do that? Temp guardianship does not take away the parental rights of a parent, so I think that she can but before we pick him up for a weekend I would like to have the facts straight on what you can and cannot do under a temporary guardianship.

Asked on August 1, 2011 Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  And I am sorry to through this back in to your lap but the paperwork needs to be read in order to determine what is really going on.  If your husband has visitation rights she can not dent him them because she is angry about his pursuit of his son.  But she is his guardian and she can make various decisions "in his best interest."  Maybe he should come clean with his Mother and let her know what his intentions are here.  Ingratiate her in to the new situation that will be, enforcing that he wants her to still be an active part in his son's life.  That is really what she is afraid of.  Good luck. 


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