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ShawnDS · Nov 17, 2010, 01:44 PM

3 years ago my husband and I (now ex as of July 2010) got legal guardianship of his biological nephew as both his parents are deceased. The nephew has been living with me and visits his uncle with his girlfriend and new baby on weekends. Did my legal guardianship relinquish when we divorced or is that something that needs to be done through the court. Not that I want to relinquish them as his uncle is using the nephew against me. We live in California. Any help would be greatly appreciated.

cdad · Nov 17, 2010, 02:53 PM

If the courts actually granted guardianship to the both of you then when you divorced it should have been an issue you decided on. Since you seem to have primary custody then child support should have been ordered.

What did your final paperwork say about it?

ShawnDS · Nov 17, 2010, 10:10 PM

Our paper work did not address the nephew at all.

AK lawyer · Nov 17, 2010, 10:30 PM

Originally Posted by ShawnDS

Our paper work did not address the nephew at all.

Please don't use the "comment" feature to supply additional requested information or clairify your question.

So I undertand that your divorce decree failed to mention your nephew. How about the order giving you guardianship over him; I assume it didn't say that you are guardians only as long as you are married. If my assumption is correct, you would continue to be his guardians, probably until he reaches majority. It all depends on what that paperwork says. But it appears that if either of you desire to terminate your guardianship status you would have to go back to the court which appointed you guardians.