parental rights VS legal guardianship

[childguard]

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?

[Silverplum]

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.)

[childguard]

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,

[BL]

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.

[childguard]

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.

[fairisfair]

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?

[CJane]

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?

[fairisfair]

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???

[CJane]

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.

[penelope10]

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.

[Ohiogal]

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.

[childguard]

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

[CJane]

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.

[penelope10]

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....

[Ohiogal]

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.