+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 16
  1. #1
    childguard is offline Junior Member
    Join Date
    Mar 2008
    Posts
    12

    parental rights VS legal guardianship

    What is the name of your state? Tennessee

    My husband and I have been the legal guardians of a relative's child for 12 years. The child has lived with us and been raised as our own child. The biological mother has had sporadic contact with the child all along. There has never been anything established as far as visitation with the biological parent. The biological parent has recently been causing problems with us and the child.

    Can we deny the biological mother visitation and/or contact with the child?
  2. #2
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    I've been having so much fun!
    Posts
    24,810
    Quote Originally Posted by childguard View Post
    What is the name of your state? Tennessee

    My husband and I have been the legal guardians of a relative's child for 12 years. The child has lived with us and been raised as our own child. The biological mother has had sporadic contact with the child all along. There has never been anything established as far as visitation with the biological parent. The biological parent has recently been causing problems with us and the child.

    Can we deny the biological mother visitation and/or contact with the child?
    I doubt it.
    What do your court papers that gave you guardianship say on the topic??? (Exactly, word-for-word, please -- for the sake of accuracy.)
  3. #3
    childguard is offline Junior Member
    Join Date
    Mar 2008
    Posts
    12
    The petition to the court summarized as follows:
    Petitioner Prays:
    That process issue and be served upon the minor respondent,___-____, pursuant to T.C.A. Section 34-11-106, and T.R.C.P. 4.04.
    That petitioner be appointed guardian of the person and property of the minor respondent and that bond be waived pursuant to T.C.A. Section 34-11-105.
    That the court waive the requirement of a plan of management of the minor's property inasmuch as there is no property to be managed.
    That a guardian ad litem be appointed for the minor respondent.
    That petitioner hgave such other; further or different relief to which she may be entitled and prays for general relief.

    The Letter of Guardianship from the court clerk:
    State of Tennessee, ______ County
    To _myself___ a Citizen of ________ county
    Whereas, it appearing to the county court of said county that _____ _____ minor, and the courty being satisfied as to your right to the guardianship of said minor, and you having given bond and qualified according to law, and the court having order that Letters of Guardianship be issued to you:
    You are therefore authorized to take into your possession, for the use and benefit of said ward, the profits of the lands, tenements, and hereditatments belonging to _______ _______, and also the goods, chattels, and other personal estate of the said ward; to bring such suits or actions in relation thereto as may be deemed necessary; to return to the next Court after the date hereof a statement, on oath, of all the estate which shall have come into your hands or possessions, to exhibit annally an account of the profits and disbursements thereof; to return a new list of the estate of said ward....two years from the date hereof, and to renew your bond as such and to faithrfully perform all the duties required of you by law in relation to said guardianship; and upon the arrival at full age, or sooner, if required, to make final settlement thereof, to deliver and pay to the person lawfully authorized to receive the same, the residue of said estate, including the profits arising therefrom. Herein fail not,
  4. #4
    BL
    BL is offline Senior Member
    Join Date
    Jul 2003
    Location
    In the good old US of A
    Posts
    18,870
    Quote Originally Posted by childguard View Post
    The petition to the court summarized as follows:
    Petitioner Prays:
    That process issue and be served upon the minor respondent,___-____, pursuant to T.C.A. Section 34-11-106, and T.R.C.P. 4.04.
    That petitioner be appointed guardian of the person and property of the minor respondent and that bond be waived pursuant to T.C.A. Section 34-11-105.
    That the court waive the requirement of a plan of management of the minor's property inasmuch as there is no property to be managed.
    That a guardian ad litem be appointed for the minor respondent.
    That petitioner hgave such other; further or different relief to which she may be entitled and prays for general relief.

    The Letter of Guardianship from the court clerk:
    State of Tennessee, ______ County
    To _myself___ a Citizen of ________ county
    Whereas, it appearing to the county court of said county that _____ _____ minor, and the courty being satisfied as to your right to the guardianship of said minor, and you having given bond and qualified according to law, and the court having order that Letters of Guardianship be issued to you:
    You are therefore authorized to take into your possession, for the use and benefit of said ward, the profits of the lands, tenements, and hereditatments belonging to _______ _______, and also the goods, chattels, and other personal estate of the said ward; to bring such suits or actions in relation thereto as may be deemed necessary; to return to the next Court after the date hereof a statement, on oath, of all the estate which shall have come into your hands or possessions, to exhibit annally an account of the profits and disbursements thereof; to return a new list of the estate of said ward....two years from the date hereof, and to renew your bond as such and to faithrfully perform all the duties required of you by law in relation to said guardianship; and upon the arrival at full age, or sooner, if required, to make final settlement thereof, to deliver and pay to the person lawfully authorized to receive the same, the residue of said estate, including the profits arising therefrom. Herein fail not,
    What did the GAL say on the subject ?

    What kind of trouble is the mother causing ?

    A parent / child relationship should still exist when possible .

    Also the mother could file to revoke guardianship.
    Last edited by BL; 03-24-2008 at 06:19 PM.
  5. #5
    childguard is offline Junior Member
    Join Date
    Mar 2008
    Posts
    12
    We haven't seen or talked to the GAL (if that's guardian ad litem?) since she recommended our guardianship 12 years ago. I don't think she is even still in this town.

    The trouble the mother has been causing....
    Texting with the child for two hours during school and all night long on a school night (had text turned off stopped that)
    Planned to take her to get her belly button pierced without us knowing
    Planned a meeting between the child and 2nd man she claims is the child father without our knowledge or testing to verify whether he is the father.
    Telling the child that she doesn't have to obey our rules or listen to us, just ignore us and do what she wants to anyway.


    I agree that it's important to preserve the parent child relationship and we have encouraged and supported that for 13 years now. We have always maintained the relationship with her mother and four siblings. The brothers spend nights with us, go on vacation with us, we take her to see her mother wherever she happens to be staying at the time, we give up holidays with the child, special occasions, whatever, so she could spend them with her mother and brothers..

    Yes she can file a petition to revoke the guardianship, but that would open her up for scrutiny with the other children and she doesn't want that.

    I just want her to stop interferring, trying to pull the child down to what the mother thinks is acceptable...no ambition, no education, no moral values. We've been doing fine, but now that the child is 13 the mom wants to take her back and let her go wild.
  6. #6
    fairisfair is offline Senior Member
    Join Date
    Jan 2006
    Posts
    9,756
    Quote Originally Posted by childguard View Post
    We haven't seen or talked to the GAL (if that's guardian ad litem?) since she recommended our guardianship 12 years ago. I don't think she is even still in this town.

    The trouble the mother has been causing....
    Texting with the child for two hours during school and all night long on a school night (had text turned off stopped that)
    Planned to take her to get her belly button pierced without us knowing
    Planned a meeting between the child and 2nd man she claims is the child father without our knowledge or testing to verify whether he is the father.
    Telling the child that she doesn't have to obey our rules or listen to us, just ignore us and do what she wants to anyway.


    I agree that it's important to preserve the parent child relationship and we have encouraged and supported that for 13 years now. We have always maintained the relationship with her mother and four siblings. The brothers spend nights with us, go on vacation with us, we take her to see her mother wherever she happens to be staying at the time, we give up holidays with the child, special occasions, whatever, so she could spend them with her mother and brothers..

    Yes she can file a petition to revoke the guardianship, but that would open her up for scrutiny with the other children and she doesn't want that.

    I just want her to stop interferring, trying to pull the child down to what the mother thinks is acceptable...no ambition, no education, no moral values. We've been doing fine, but now that the child is 13 the mom wants to take her back and let her go wild.
    Did mom GIVE you guardianship, or was it awarded at the request of the state?
  7. #7
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Kansas City
    Posts
    19,698
    So, I read all that, and it seems to me that you should be renewing the guardianship every 2 years... am I reading that right? And if I am... have you?
  8. #8
    fairisfair is offline Senior Member
    Join Date
    Jan 2006
    Posts
    9,756
    Quote Originally Posted by CJane View Post
    So, I read all that, and it seems to me that you should be renewing the guardianship every 2 years... am I reading that right? And if I am... have you?
    how odd too, the wording and the requirement for a bond. It is more of a conservatorship of an estate of a child, than a guardianship of a child. What kind of estate could this child possibly have???
  9. #9
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Kansas City
    Posts
    19,698
    Quote Originally Posted by fairisfair View Post
    how odd too, the wording and the requirement for a bond. It is more of a conservatorship of an estate of a child, than a guardianship of a child. What kind of estate could this child possibly have???
    'Specially since the petition states that there is no property to be managed.
  10. #10
    penelope10 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    2,509
    I put a reply on your other post which will be the same as on this post. You need to talk to an attorney NOW in regards to this. He/she will be familiar with the laws in TN plus will be familiar with the climate of the court in regards to these matters. Many attorney's first consultation is free. I would also start documenting each and every one of these instances should things escalate (and from the sounds of things Mom is not behaving well) and an appearance needs to be made before the court.
    Last edited by penelope10; 03-24-2008 at 07:16 PM.
  11. #11
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    50,869
    The parents still have residual rights to the child. While you are legally responsible for the child, mom and dad still have the rights to visitation, determining whether or not the child is adopted, choosing the child's religion and other residual rights. So you have NO right to cut this child off from mom or vice versa unless you get a court order stating so.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  12. #12
    childguard is offline Junior Member
    Join Date
    Mar 2008
    Posts
    12
    Thank you all for your comments and opinions. It is a very complicated siuation isn't it. Mom doesn't really want to pursue legally as she has other issues with other kids too. We don't really want to have to take action either, the mom is our family as well as the childs mother. But, will contact the lawyer anyway. Thanks
  13. #13
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Kansas City
    Posts
    19,698
    Quote Originally Posted by childguard View Post
    Thank you all for your comments and opinions. It is a very complicated siuation isn't it. Mom doesn't really want to pursue legally as she has other issues with other kids too. We don't really want to have to take action either, the mom is our family as well as the childs mother. But, will contact the lawyer anyway. Thanks
    Do you understand that Mom doesn't HAVE to pursue anything legally? And that if you're denying the mother contact with the child (as you've stated you are) YOU are interfering with her CONSTITUTIONAL rights?

    She agreed to this arrangement. If she decides it's not ok with her anymore, she can file to dissolve the guardianship, and it's likely she'd get what she's seeking. ESPECIALLY if she can show that you are interfering w/her relationship with her child.
  14. #14
    penelope10 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    2,509
    Quote Originally Posted by CJane View Post
    Do you understand that Mom doesn't HAVE to pursue anything legally? And that if you're denying the mother contact with the child (as you've stated you are) YOU are interfering with her CONSTITUTIONAL rights?

    She agreed to this arrangement. If she decides it's not ok with her anymore, she can file to dissolve the guardianship, and it's likely she'd get what she's seeking. ESPECIALLY if she can show that you are interfering w/her relationship with her child.
    In OP's defense she has another post open that explains further what is going on--I don't think OP is trying to deny the mother contact, just has some concern with what Mom is doing right now--Hence my suggestion to talk to an attorney....
  15. #15
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    50,869
    Quote Originally Posted by penelope10 View Post
    In OP's defense she has another post open that explains further what is going on--I don't think OP is trying to deny the mother contact, just has some concern with what Mom is doing right now--Hence my suggestion to talk to an attorney....
    Understood but she still can't trample mom's rights.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

Similar Threads

  1. How do I get guardianship or legal rights to a minor?
    By krodgers01 in forum Child Custody & Visitation
    Replies: 11
    Last Post: 10-31-2011, 01:05 PM
  2. voluntary termination of parental rights and guardianship
    By judofreak72 in forum Child Custody & Visitation
    Replies: 13
    Last Post: 10-30-2009, 09:54 PM
  3. What are my legal guardianship rights?
    By Copperarab in forum Child Custody & Visitation
    Replies: 2
    Last Post: 11-14-2008, 08:10 AM
  4. parental vs guardianship rights
    By imjlove2005 in forum Child Custody & Visitation
    Replies: 0
    Last Post: 04-25-2005, 11:01 AM
  5. legal rights of guardianship
    By tonya seybert in forum Child Custody & Visitation
    Replies: 0
    Last Post: 07-26-2001, 04:05 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.