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Guardianship
Do I have to send my niece back to her mother once the temporary guardianship ends?

Do I have to send my niece back to her mother once the temporary guardianship ends?

Q: Can a child refuse to go back to their parent?

A child cannot legally refuse to return to their custodial parent if the guardianship has expired. However, the child's wishes may be considered by the court if a petition for extended guardianship is filed.

Q: What is the process to extend guardianship in Washington State?

To extend guardianship in Washington State, you must file a petition with the court before the current guardianship expires. The court will review the situation and consider factors such as the child's best interests and their improvements.

Q: Can a minor be emancipated in Washington State?

Yes, a minor can be emancipated in Washington State. This process allows them to gain legal independence from their parents. To be emancipated, the minor must file a petition and demonstrate their ability to support themselves.

Q: What rights does a guardian have in Washington State?

In Washington State, a guardian has the right to make decisions about the child's education, healthcare, and general welfare. However, these rights are limited to the terms set in the guardianship agreement and the duration of the guardianship.

Full question:

My 16 year old niece was sent to live with me, with temp guardianship papers that expire soon, to complete her sophomore year in high school, which she was failing in Washington State. Now she does not want to return home to her mother. She has shown remarkable improvements both academically and socially. Do I have to send her home?

Category: Guardianship
Date: 04/07/2025
State: Mississippi

Answer:

The custodial parent has rights to her, unless she is emancipated or the guardianship is extended.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if the temporary guardianship papers expire?

If the temporary guardianship papers expire, the custodial parent retains their rights to the child. This means you may need to return your niece to her mother unless a court extends the guardianship or the child is legally emancipated.