guardianship/custody

[texaslife83]

I am seeking some advice on the next steps to take in terminating guardianship and obtaining full custody of a minor child. The child is my husbands daughter and because of action taken by the mother of the child after their divorce guardianship was granted to her cousin. My husband, the father of the child, was notified via publishing in a local paper but he was out of state at the time of publishing. He was briefly incarcerated and has since turned his life around. He is now in a position to care for his daughter and is yearning for her and his son to be in his life. We sought the advice of a probono lawyer and filed a termination of guardianship with the courts as a first step. We have mailed additional copies to the biological mother of child, the guardian of child and with the guardians lawyer. The advice we received stated that the guardian would have to prove my husband unfit in order to stop termination. My question is if we can get guardianship terminated, how do we make the next step to obtain legal full custody of the child. The mother of the child signed the paperwork that gave guardianship of the child whilst on her way to get high. She currently has custody of the smaller minor child, a son which was also a product of their marriage. She is being very difficult with visitation to my husband and the boyfriend of the mother is a problem. If we get guardianship terminated are we going to have problems with the mother? Will she be allowed to come back and decide she now wants this child that she once discarded? My husband is very worried as we are having so many problems seeing his son currently. What should or can we do to ensure that once guardianship is terminated that we gain custody as well? Any other advice would be great on this matter as well since I have never had to deal with courts and children or custodial matters. We have hit nothing but wall after wall since dealing with the mother and her current boyfriend. Does th e boyfriend hve any rights in this situation at all or in the case with my husbands son?

 

[army judge]

I am seeking some advice on the next steps to take in terminating guardianship and obtaining full custody of a minor child. The child is my husbands daughter and because of action taken by the mother of the child after their divorce guardianship was granted to her cousin. My husband, the father of the child, was notified via publishing in a local paper but he was out of state at the time of publishing. He was briefly incarcerated and has since turned his life around. He is now in a position to care for his daughter and is yearning for her and his son to be in his life. We sought the advice of a probono lawyer and filed a termination of guardianship with the courts as a first step. We have mailed additional copies to the biological mother of child, the guardian of child and with the guardians lawyer. The advice we received stated that the guardian would have to prove my husband unfit in order to stop termination. My question is if we can get guardianship terminated, how do we make the next step to obtain legal full custody of the child. The mother of the child signed the paperwork that gave guardianship of the child whilst on her way to get high. She currently has custody of the smaller minor child, a son which was also a product of their marriage. She is being very difficult with visitation to my husband and the boyfriend of the mother is a problem. If we get guardianship terminated are we going to have problems with the mother? Will she be allowed to come back and decide she now wants this child that she once discarded? My husband is very worried as we are having so many problems seeing his son currently. What should or can we do to ensure that once guardianship is terminated that we gain custody as well? Any other advice would be great on this matter as well since I have never had to deal with courts and children or custodial matters. We have hit nothing but wall after wall since dealing with the mother and her current boyfriend. Does th e boyfriend hve any rights in this situation at all or in the case with my husbands son?

You need a lawyer if HE is to obtain custody.

You have no standing to be a party to this, as you are a legal stranger to the child.

But, HE needs a lawyer.

HE might find another lawyer willing to do it pro bono, it happens.

You can be supportive, but this is HIS issue, and HE has to initiate the action.

I suggest he seek visitation, and establish a relationship with the child.

Forget the idea of guardianship, and concern himself with easing back into the child's life.

He should also seek parental counseling, and see if he can get the child enrolled in a support program to reunite families.

It isn't going to be quick, cheap, or easy.

The child isn't a puppy, he or she is a very complex little human being.

I wish him good luck.

 

[texaslife83]

I understand I have no rights here. He has tried to contact the guardian to seek visitation and the biological mother has tried for visits as well. The guardian will not let either of them see or talk to their daughter. In fact she moves every time they find her current address. He is currently working with CASA for visitation with his son but she informed him she had no information about his daughter. We agree that easing his way back into his daughters life is the best first step but the guardian is making that impossible. This is why the lawyer suggested termination of guardianship. Is there something we can do in order to make her allow visits before trying to fight for custody in court?

 

[army judge]

I understand I have no rights here. He has tried to contact the guardian to seek visitation and the biological mother has tried for visits as well. The guardian will not let either of them see or talk to their daughter. In fact she moves every time they find her current address. He is currently working with CASA for visitation with his son but she informed him she had no information about his daughter. We agree that easing his way back into his daughters life is the best first step but the guardian is making that impossible. This is why the lawyer suggested termination of guardianship. Is there something we can do in order to make her allow visits before trying to fight for custody in court?

You, nor doe she have the ability to make anyone do anything.

I suggest you work with your lawyer, or hire another lawyer.

No one is going to listen to either of you.

 

[Betty3]

Agree. Don't try to do anything on your own. You have a lawyer - follow the lawyer's advice. Things can only happen so fast - sometimes you have to have patience.