Asked 6/12/2008
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If a child has been successfully reunited with a parent, how do they get the former guardianship papers ended? A faimly member is currantly retaining guardianship, but thier marriage has failed and there is heavy drinking in the home. The child went back to live with the biological Mom and it has been going very well for the last few months. Now, she got a letter from the state stating she owes child support to the guardian, she contacted Family Services to let them know the child was back with her. The Guardian is angry because they do not want to give up the money they receive for the child and they came this morning and took him back forcably. There has not been any neglect of abuse in the mother's home of this child.
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Answer 1/1 - Submitted 6/25/2008
The mother needs to file a motion with the court asking for sole custody and tell the court that she has had the children for the last few months and then the grandparents came back and forced them back. Legally they would have the right because they have legall guardianship. However they have know choice but to give the children back. Guardianship is tempory until the parent or parents decide that they can care for their child and request custiody. It is not about the money the court is not going to just allow the grandparents to keep the kids just to get support. What reason are they going to give the court for letting you take him back in the first place. Also you reported that the mother contacted family services and stated that she got the child back so they will have that on file and that helps your case. Good luck
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