Is notarized guardianship with incorrect address legal?

Question

I had temporary guardianship of my grandson and his half-sister a couple of years ago. Child Protective Services (CPS) placed them back with my daughter and her boyfriend. In March, I was granted temporary guardianship of my grandson, which was supposed to last until August 30th of this year. Recently, my daughter showed up with revocation paperwork but only sent me a picture instead of giving me an actual copy. The address she used for the notarized guardianship documents was a former address, and I suspect it was intentional to hide the instability, as my grandson has been in six different schools. Moreover, the boyfriend is physically and mentally abusive to my grandson. They are heading to South Carolina. Is the guardianship paperwork legal given the incorrect address, and what actions can I take to protect my grandson?

Stephen Bilkis · Answer

I understand your concern about your grandson's safety and the confusion surrounding the guardianship paperwork. In New York, the legality of a notarized guardianship document generally depends on whether it was properly executed, which includes being signed by the parties involved and notarized in accordance with state law. However, the use of an incorrect address on the document can raise questions about its validity, especially if it appears that the incorrect address was used intentionally to mislead or conceal information. 
 
If the temporary guardianship you were granted was through a court order, that court order remains in effect unless it is legally modified or revoked by the court. In contrast, if the guardianship was based solely on a notarized agreement between you and your daughter, then the validity of that agreement can be challenged if it was obtained through fraud, misrepresentation, or if it contains significant inaccuracies, such as an incorrect address. 
 
Since you have concerns about your grandson’s safety due to alleged abuse by your daughter's boyfriend, you may consider taking immediate steps to protect him. This can include filing a petition for emergency guardianship or temporary custody with Family Court in the county where you reside. In your petition, you should clearly explain the situation, including the instability in your grandson’s living arrangements, the abusive environment, and the fact that your daughter has shown up with a questionable revocation of guardianship. 
 
If your daughter is planning to take your grandson to South Carolina, you should bring this to the court’s attention immediately. The court may issue a temporary restraining order preventing her from removing your grandson from New York until the custody and guardianship issues are resolved. 
 
You should also keep a copy of the photo of the revocation paperwork that your daughter sent you, along with any text messages or other communications related to this situation. These documents can be used as evidence in court to show that your daughter is attempting to alter the guardianship arrangement without proper legal procedure. 
 
Finally, you may consider consulting with an experienced family law attorney serving New York who can help you quickly file the necessary court documents, present evidence of the instability and abuse, and ensure that your grandson’s best interests are protected. 
 
This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

Q: Is notarized guardianship with incorrect address legal?