Can anyone help me

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Can anyone help me

Postby missladybugg0 » Sun Mar 30, 2008 11:30 am

I would like to understand how hard it is to reverse a court ordered permnant guardianship of a minor child and give the child back to the parent if the guardians are fighting the parents.

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Postby shesaid » Wed Apr 02, 2008 4:42 pm

Look up the laws in your state.
Where i am,it is my understanding that parents need to prove to a court a change in the caregivers situation and a reason children shouldnt be there anymore,BUT,most importantly also must prove a HUGE change in their own life,such as - permanent housing,steady job,stable home environment,etc

Nothing is "permanent" unless it is adoption.

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Postby katgotsteve » Thu Apr 03, 2008 6:05 am

i have permanent guardianship of my niece, all it means is that i have am responsible for her and make decisions about her life, basically just like a parent, the only difference i see is that she has mom and i think she is entitled to know her mom and love her mom no matter what mistakes her mom has made.
permanent guardianships take cps/dfacs out of the caregivers life and makes it easier for the parent to get the child back. if my sister were to get a stable home, make a few better decisions about men and i knew in my heart she could take care of herself and my niece i would have no problem in returning her to my sister, right now it is not an option, but i hope someday it will be.
guardianship according to my attorney is just that, you agree to take care of the child until the parents are able to care for them. sometimes they are able, sometimes they are not. if the gaurdians are fighting this, they have to be able to prove why you are unfit. sometimes, family members get so tied up in the past that they cant see the changes or think the changes are not permanent.
i have a cousin, i come from a big family, who had her kids taken, they were a older than 10, but i was not sure of age, a boy and girl. she was on meth and really wound tight. i am told now that she is straightened up, married and wants her kids back, but her brother and father are fighting not to give them back. not based on her now, but on what all happened in the past, she lost them twice to cps. looking at this situation i see from both ends, i have lost my kids for a month to dfacs and i have taken in my sister's child. there is really no answer here, but if the person has changed the courts look highly on returning the child/ren to their biological parents.

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Postby missladybugg0 » Fri Apr 04, 2008 6:37 pm

This is my nephew who we have had kindship care of for 17 months of his 21 month life. His mother left him and never even calls unless she needs money and she is now selling herself to make a living. And his father is in Jail for sodomy and deviant sexual intercourse with a child under the age 14. So the CPS is sitting on their thumbs and do not want to try to do anything with this child because he is in a relatives care. So we have decided this week to go ahead and hire an attorney to file for guardianship of our nephew so we could go on with our lives with out court dates, homevisits, meetings, all so everyone can sit there and say well he is safe and happy and we have no reason to move forward with anything permenant. So I was just wondering if by some chance his mother would show up and want to fight us how hard it will be for her to do. I am not worried about his dad he will be in jail till J is and adult. I really am not to worried about the mother either she is having way too much fun out living a life with out any kids to worry about. But just in case Thanks for your help everyone.

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Postby Kenneth2816 » Mon Apr 07, 2008 12:57 am

You are essentially seeking termination of parental rights and full adoption, if you want it to be permanent and have CPS out of the picture. In order to do this BOTH parents have to be terminated.

Here is the scale:

Biological parent's custody

adoption- again, a legally secure position, either voluntary by consent of the parents or court ordered after termination.

legal guardianship (court ordered)

physical custody-the least secure since it can be challenged in court by the State, other family members or the biological parents.

Right now, you share custody (I think, from what you are saying) with CPS. If the child has a Guardian Ad Litem, then you do share it.

The only really secure thing you can do is adopt. Adoption, however, would have to be done with your own attorney making a motion, or Federal guide lines say if a child is in custody (or out of the home) for a certain time, then termination should be sought to establish a "permanent plan" for the child, and the only REALLY permanent plan is adoption or aging out of the system at 18 un-adopted.

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