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    CONFUSE_MUCH's Avatar
    CONFUSE_MUCH Posts: 1, Reputation: 1
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    #1

    Apr 28, 2009, 06:50 AM
    I live with my mom (who does not have custody) and want to back with my god mother
    Hi my name is Ryan. My mother left me and my father when I was only five years old. She never contacted me or my father in any way. Two years ago my father passed away. In his will he stated that my god mother Dawn was to have guardianship of me. Well about 4 months ago I found my mom and thought I would try to start a new life with her and make up for the last 10 years. Well I ended up moving from Texas to Ohio to live with her. This was the worst decision I could ever make. Every since I've been here with her we have been arguing constantly. I am not happy any more. My mother never filed for custody when I moved in with her. I need to know what I need to do to move back to Texas with dawn. I just want to be happy again. Please help me. I need to know what I can do to get back to my godmother.

    Please help me... :(
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Apr 28, 2009, 07:34 AM

    Your mother does not need to file for custody since it was hers to begin with.

    You can ask your mother to go back.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Apr 28, 2009, 07:44 AM

    Well this is actual a pretty complex situation. By law, your dad could not will guardianship. That clause would be invalidated IF your mother challenged it. However, assuming that your godmother's status as legal guardian is a matter of public record (it would have to be for her to sign off on medical care, etc.) then your mother's custody would need to be reaffirmed by a court.

    Another issues is your age. I would estimate its 15 based on what you posted. So your preferences will be listened to.

    Its my OPINION, that you can tell your mother that its not working out living with her and you are moving back in with your godmother (assuming she agrees). If your mother protests this, then it will need to go before a court. You can still move but she will have to file in court to get you to move back. I don't believe a court will side with her, but that's just my gut feelings.

    You might want to consult an attorney for the legal issues in your area.
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