Does guardian have custody rights?

Question

If a parent gives temporary guardianship to a family member that is related by marriage, then when that parent wants the child back and the guardian threatens to take custody if the parent takes the child, does the guardian have rights to file for custody of the child against the parent?

Answer 1

    Regardless of whether it went through the courts or not, the parent signed away guardianship, not custody, so if the guardian is keeping the child against the parents wishes, then they are guilty of kidnapping.  What the parent needs to do is send a certified letter to the temporary guardian telling them that they are revoking the temporary guardianship effective immediately and want the child returned to them in 48 hours.  If the child is not returned to them, then they can file a kidnapping charge.  The guardian certainly can file for custody, but it would be unusual for them to get it.  And as far as the other responders are concerned, guardianship is not necessarily custody.  It depends on how the temporary guardianship is worded.  They are actually two separate entities.

Answer 2

I wouldn't think so.  The parent gave temporary guardianship not full guardianship.

Answer 3

If this other party has legal guardianship, then they DO have custody.  Or did this not go through the courts?