What is the difference between legal guardianship and legal custody of a child , and how does it effect the mothers rights?

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My wife and I are going through divorce. We have two adult children one of which was living with us as well as her 3 year old child. long story short,my wife daughter and myself agreed the best situation for my granddaughter, and daughter, short term was to give my wife legal guardianship for one year. my wife has become increasingly bitter towards me and is now denying me time with my granddaughter. My daughter does not approve of her actions either. Does my wife have the right to deny myself or even my daughter the ability to see her. thank you

Attorney Answers

2
Martin Bearg ·
A parent is the legal guardian of his/her child. In a divorce proceeding, although both parents have the right to be the legal guardian of their child, unless custody is split, which is not unusual (although not something I favor), one parent is usually designated as the primary care giver and has legal custody of the child (or children), even if joint custody is agreed to. If your wife is given temporary legal guardianship of your granddaughter (by means of a document drafted by an attorney),your daughter's rights as a parent are not terminated. If on the other hand, a court grants your wife the right to be the legal guardian of your granddaughter, unless the order specifically states that your daughter and you have rights of visitation, your wife, as your granddaughter's guardian, has the right to see medical records, school records, and otherwise determine what is in the best interests of her ward. This is really a family law question, and is unrelated to estate planning. I recommend that you consult a family law attorney in your state, or seek a referral from your local or state Bar association.
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Bruce Clement ·
(1) Beware of free advice from out of state attorneys. (2) Consult with a WA attorney about the details of this matter. (3) It is possible that you could get a court order giving you rights to contact or visit this child, especially if the mother supports you.
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