[chasity11]

My family resides in ny and also child's mother recently moved back to ny. If i take child to ny for x-mas , can mother try to take child away being that we are in a different state?

[AK lawyer]

You have actually asked two questions:

... can I take child to ny for x-mas vacation[?]

Depends on the terms of the order appointing you guardian.

... can mother try to take child away being that we are in a different state?

She can try (to illegally seize the child), but if you mean can she bring a court action in NY, no: the Uniform Child Custody and Jurisdiction Act provides that the Oklahoma courts have exclusive jurisdiction over the child's custody.

[chasity11]

Thank you! She signed guardianship over to me through court due to DHS had a case against her and they assigned me as temp guardian. DHS came and vouched child should not be with mother, so I was awarded guardian. Now she wants me to just give child back to her because she moved out of state. Was worried. She is aware she has to appear here in Oklahoma court to regain custody, but does not want to pursue that. She thinks I will just give her back.

[ScottGem]

I'm curious as to why you have guardianship and not custody. Guardianship is usually something given to non birth parents so they have legal rights to care for the child. Custody is awarded to one of the birth parents in case of a split between the birth parents.

But, to answer your question, the mother cannot legally seize the child. I would bring a copy of the guardianship papers on your vacation. So if there is any attempt by the mother, you can go to the police and show you have sole legal rights to the child.

[chasity11]

I am the child's grandmother. Thank you

[cdad]

You might want to plan on skipping NY for this year. If you have been through all this drama already then why possibly force another situation. It could even result in you losing custody/gaurdianship of the child.

[Fr_Chuck]

I agree, some issues, first this is Temp custody, and though CPS, as such, CPS can also merely change their minds and give child back.

Also, mother could file motion in court. Or just take the child and not give child back,

[AK lawyer]

... Also, mother could file motion in court. ...

Oklahoma court, that is.