Do I have to relequish temporary guardianship to a unfit parent?

[momofmany]

I have temporary guardianship over my nephew with an ending date of july 1st of next year. He is severly delayed and was abused and malnurished by his parents they also moved him around 40 times in less then 4 years, they have or have had bills in his name as well as useing him as a pawn to shop lift. The day I was give custody he had a huge bruse on his back looking like a punch and he stated my dad hits me in the back. the same day I took him to the dr and they said he had failure to thrive. he has sence been back several times and is doing great and is in the 25% for his age.I have taken him to specialist as well as have him in a disability school. She now wants him back Can I refuse? And if so what procedings need to take place? there are many ppl I know who believe that its in his best intrest to stay here.

(also its important to know that his parents refused to get him help for his delays and partly want him back now that they could file for a check for him ( I dont get 1 for him nor do i need 1 or intend to aply for 1))

 

[Proserpina]

Do you have guardianship or custody?

It makes a huge difference.

Is CPS involved?

That also makes a huge difference.

 

[army judge]

God bless you for helping this child.

No, you don't have to relinquish your custody of this child.

But, you should prepare for a court battle.

They might try to wrest this lad from your custody.

You should speak with an attorney.

If you are up to it, try to obtain permanent legal custody.

Your attorney can explain to you what you must do.

You're doing all the right things on your own.

You're helping that precious live and thrive.

Just keep doing what you've been doing and retain a lawyer to resist the evil attempts of these savages.

 

[momofmany]

The papers are temporary guardian ship papers only by notery. It was her atempt to keep CPS out of it on her part. I spoke with cps and they said with me he wasnt in danger so there hands were tied. Also as a side note the parents are not married, the father is and was married to someone elce when the child was concived and born, So it is my understanding of the law from resurch as well as the ppl from cps told me he is a punitive father and has no rights based on that fact alone. He also screwed him self by refusing the childsupport orrder he told them he wanted a DNA test, And its my understanding as well that refussing support is anouther for of denying the child. Do I need to file any paper work now or wait till they show up or what? im in SC and they are in missouri as of the 10-8-10 it will be the 6mos 1 day making sc the jurisdiction state.

 

[army judge]

The papers are temporary guardian ship papers only by notery. It was her atempt to keep CPS out of it on her part. I spoke with cps and they said with me he wasnt in danger so there hands were tied. Also as a side note the parents are not married, the father is and was married to someone elce when the child was concived and born, So it is my understanding of the law from resurch as well as the ppl from cps told me he is a punitive father and has no rights based on that fact alone. He also screwed him self by refusing the childsupport orrder he told them he wanted a DNA test, And its my understanding as well that refussing support is anouther for of denying the child. Do I need to file any paper work now or wait till they show up or what? im in SC and they are in missouri as of the 10-8-10 it will be the 6mos 1 day making sc the jurisdiction state.

You need to speak with a SC attorney, ASAP.

What you possess might be useless.

You need a court order.

You might have a claim for abandonment of the child. You need a lawyer and a court order. Talk to one as soon as you can.

 

[momofmany]

why and how on abandonment? althought i agree with this but more for the lack of contact even via phone its 4 to 8 weeks between calls. The lawyer i spoke with told me I could file to adopt him in a few more weeks but im worried about them now. since here friend contacted me telling me some one gave her cash to come here and they were planing a snatch and go. however this is hear say so she didnt say it to me directly. So stressed about this I have 5 children of my own and i take care of them all always have always will same with my nephew it just bafels me how a parent with 1 child cant keep it together and get the child proper meals, doctor and dental visits, And could hit on a delayed child (we think its autisum)

 

[Proserpina]

Unfortunately at the moment you don't have any legal right to keep this child from his parent/s if they wish to retrieve him from your care. Refusing to do so can land you in serious legal trouble.

I'm not sure why the attorney told you that you could file to adopt the child - you have no standing, currently, to do so unless both parents agree. If they do not agree you would have to prove BOTH parents unfit and that's going to involve CPS.

Even at this point if you were to call CPS and claim abandonment, the goal of child services is reunification with the parent and Mom would be given the chance to reunite with her child.

I'm so glad the poor child had someone willing to step up to the plate and care for him but unfortunately I cannot see you being able to keep him in your care without a long and probably very costly court battle that might end up costing you even more emotionally.

His parents still have more rights than you do and they do have the right to come and get him (well, Mom does - at this point Putative Dad will have to have his rights established in court first).