darcyantonie
New Member
I signed over Guardianship to my mother in May of 2012. It was presented to me as an option as part of my therapy, by both my therapist and my mother at the time. I was told that while I was dealing with a period of overwhelm it might be best for my daughter to stay with her grandmother until I could get back on my feet. I did not know what guardianship meant, so I questioned them as to whether I was signing over custody. My therapist reassured me it was just so that my mother could have an easier time with caring for my daughter temporarily, and that I could "get it revoked at any time". I trusted them both. My therapist took me to a bank, where I signed the paper over to a notary. My mother's name was on the paper, but I did not specify any time period. I was assuming this was temporary and I had no legal counsel during this process.
After a period of a few months, I felt ready to take my daughter back, and I let my mother and my therapist know. To my shock and alarm, my mother refused to give my daughter back, but we did continue with visitation. I demanded that the guardianship be revoked; she refused. I became alarmed and asked to see the guardianship paper. (This was in August, roughly 3 months after the signing.) She gave me one paper, with "Guardian pursuant to 15-14-204" and it was marked that it would expire on my daughter's 18th birthday! I was shocked, and demanded that she and my therapist explain how the guardianship had suddenly become permanent without my consent. They both said, "the judge must have decided that." I later found out through various sources that this could not have been the case.
I am a low income single mother, so I felt helpless for a time, as I was unable to afford a lawyer. Good friends counseled me to go directly to the court and access all paperwork related to the guardianship. Then they helped me to pour over each of the 80 pages. This is what we found:
1) There was a hearing on the guardianship on July 12, 2012. In the paperwork it specifies that the petitioner (my mother) MUST contact all interested parities to let them know about the hearing, so that they can contest anything that is being filed if necessary. This must be done in writing as well. I never received a notice from the Boulder court system or my mother about this hearing.
2) I signed two papers on May 4th, basically consenting to the guardianship. I signed NO papers after that. The papers I signed specified my mother alone as guardianship. I did NOT check any time period. After the 12th, my mother AND her boyfriend both signed papers as guardians. They both checked the permanent time box without consulting me or getting my approval.
3) The father is required to be contacted and must also agree to a guardianship. Her father lives in Oregon and has two other sons, does pay child support, but rarely sees her. Nevertheless, he is her biological father, cares for her, and wants to be present in her life. BOTH my mother and her boyfriend stated that the father was unknown.
4) Within 30 days of the guardianship appointment, it is stated that the guardian should provide a copy of the Order Appointing Guardian for Minor to ...persons given notice of this Petition and shall advise them that they have the right to request termination or modification of the guardianship. This was never presented to me.
I could go on...more transgressions.
My question would be: based on these fraudulent actions, could the guardianship itself be rendered null and void and overturned?
After a period of a few months, I felt ready to take my daughter back, and I let my mother and my therapist know. To my shock and alarm, my mother refused to give my daughter back, but we did continue with visitation. I demanded that the guardianship be revoked; she refused. I became alarmed and asked to see the guardianship paper. (This was in August, roughly 3 months after the signing.) She gave me one paper, with "Guardian pursuant to 15-14-204" and it was marked that it would expire on my daughter's 18th birthday! I was shocked, and demanded that she and my therapist explain how the guardianship had suddenly become permanent without my consent. They both said, "the judge must have decided that." I later found out through various sources that this could not have been the case.
I am a low income single mother, so I felt helpless for a time, as I was unable to afford a lawyer. Good friends counseled me to go directly to the court and access all paperwork related to the guardianship. Then they helped me to pour over each of the 80 pages. This is what we found:
1) There was a hearing on the guardianship on July 12, 2012. In the paperwork it specifies that the petitioner (my mother) MUST contact all interested parities to let them know about the hearing, so that they can contest anything that is being filed if necessary. This must be done in writing as well. I never received a notice from the Boulder court system or my mother about this hearing.
2) I signed two papers on May 4th, basically consenting to the guardianship. I signed NO papers after that. The papers I signed specified my mother alone as guardianship. I did NOT check any time period. After the 12th, my mother AND her boyfriend both signed papers as guardians. They both checked the permanent time box without consulting me or getting my approval.
3) The father is required to be contacted and must also agree to a guardianship. Her father lives in Oregon and has two other sons, does pay child support, but rarely sees her. Nevertheless, he is her biological father, cares for her, and wants to be present in her life. BOTH my mother and her boyfriend stated that the father was unknown.
4) Within 30 days of the guardianship appointment, it is stated that the guardian should provide a copy of the Order Appointing Guardian for Minor to ...persons given notice of this Petition and shall advise them that they have the right to request termination or modification of the guardianship. This was never presented to me.
I could go on...more transgressions.
My question would be: based on these fraudulent actions, could the guardianship itself be rendered null and void and overturned?
