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

UPDATED: Aug 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 1, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption