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Dissolving guardianship of a child

Discussion in 'Other Family Law Matters' started by Robyn S., Feb 12, 2019.

  1. Robyn S.

    Robyn S. Law Topic Starter New Member

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    Jurisdiction:
    Arizona
    Under duress from the maternal grandmother (advising her clinically diagnosed daughter with Cluster B would be able to take the child away, etc...)my son signed guardianship papers in Arizona to the maternal grandmother. The maternal grandmother claimed she "didn't know where any of the child's other relatives were" so I, paternal grandmother, wasn't notified of her petition for guardianship. The maternal grandmother right before she moved to Arizona, avoided all my attempts to contact her. She continued to avoid me and when i showed up in person on her front doorstep in Arizona the door was shut in my face. My son has since gotten himself to a better place and is now living back in Nevada and able to care for his son and is wanting to know how to try and dissolve the guardianship of his son. This maternal grandmother new full well my address in Nevada but lied to the Arizona court so as to not have to notify me of her intentions. She intentionally mislead my son and the courts. I retained an attorney in Arizona for a little while but because all of this happens in juvenille court, not family court, my attorney let alone myself had little or no access to any of these records. My attorney refunded most of my retainer but this was at a time when my son was "missing" and it was me trying to pursue visitation with my grandson alone. Now that his father, my son, is back and stable i don't know how or if he can even request to dissolve the guardianship. The maternal grandmother has been secretive and deceitful the whole time but as long as the child is fed, dressed and has a roof over his head no one seems concerned with the mental health of this guardian or the means in which the guardianship was obtained. Thank you for your time. Robyn S.
     
  2. army judge

    army judge Super Moderator

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    Your son needs to HIRE a lawyer.

    You can assist him in such an endeavor by helping him FUND the fees to pay for his lawyer.

    If there are no funds to hire a lawyer, nothing will change.

    In the interim, I suggest you reread your post, or have someone you trust and whose opinion matters to you read it; then tell you what impression of you the person gleaned from the post.
     
    leslie82 likes this.
  3. Robyn S.

    Robyn S. Law Topic Starter New Member

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    Thank
    Thank you for your speedy response. Although I’m not exactly sure why “hire” was in all capitals. Anyway, I was really just trying to find out if it was even possible to try and dissolve a guardianship. Your answer tells me it is.

    I didn’t have anyone reread my post. I start to get emotional and sick to my stomach when I look back and realize how nieve I truly was and that the maternal grandmother was plotting and manipulating this situation probably from the day she learned of the pregnancy. So, let me apologize for my bitterness and hurt over what has been done. I believed I was dealing with decent / normal people and clearly I was not. Didn’t believe people could be that selfish and cruel. Alienation is CHILD ABUSE! Again, thank you for your time.
    Respectfully,

    Robyn S.
     
  4. army judge

    army judge Super Moderator

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    Your son can contest the guardianship.
    It won't dissolve an existing guardianship if he succeeds.
    If his legal challenge is successful, he could regain custody of his child, or be allowed certain visitation rights.
    Once he has engaged a lawyer, the lawyer will address the specifics of the action and all potential outcomes.

    Furthermore, no lawyer will guarantee a specific outcome.
    All lawyers advocate zealously for their clients.

    Thank you for apologizing, but it isn't necessary.
    I was cautioning you solely for the benefit of your son and grandchild.
    Judges dislike all forms of acrimony insofar as family matters involving children are concerned.
    It is best to show the court a calm, professional, supportive, caring, nurturing, loving demeanor in court and in your communications.

    Judges want to ensure that the welfare of the child is paramount at all times, held above the petty bickering and squabbling of the adults involved.
     
    Robyn S. likes this.
  5. zddoodah

    zddoodah Well-Known Member

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    That's not even remotely close to duress.

    A guardianship can only be created by a court order, and only the court that ordered the guardianship can terminate it.
     
  6. Robyn S.

    Robyn S. Law Topic Starter New Member

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    Roger that but can a parent request from that court a dissolution of said guardianship?

    Also, I didn’t want to sound like an emotional lunatic getting into any more details regarding the “duress” my son was under, I’ll save that for the attorney we hire.

    Thank you for your response.

    Robyn S.



    Is this NOT the definition of DURESS? At least i now know how to spell it...lol. Thank you again for your responses. Robyn S.

    Duress is pressure that one person or entity puts on another person to do something that he or she would normally not do.
     
  7. zddoodah

    zddoodah Well-Known Member

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    Of course. Anyone can request anything from anyone. A guardianship of a minor child can be terminated in one of three ways: (1) if the order creating the guardianship specifies a termination date; (2) when the minor becomes an adult; or (3) if someone files a motion to terminate that the court grants.

    That's fine. Obviously, I can only based my responses on the information you choose to share.

    Both the ordinary dictionary definition and the legal definition of "duress" include an element of force or coercive tactics. If you sign something because someone is holding a gun to your head or a family member's head or because someone is threatening to bash your car with a lead pipe or threatening to reveal embarrassing information about you, that is duress that might allow you to void the document you signed. Your son's mother-in-law "advising [him that] her . . . daughter . . . would be able to take the child away" is not even remotely close to duress. If you don't want to discuss it, that's fine, but if you argue about it, then saying that you don't want to get into details rings rather hollow.
     

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