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Problems with reversing temporary guardianship

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mrswright

Junior Member
What is the name of your state (only U.S. law)? Idaho

A while ago I posted here about reversing the temporary guardianship that my parents have for my 2 sons. https://forum.freeadvice.com/child-custody-visitation-37/reversing-temp-guardianship-488943.html Since then, I hired a family law attorney and we filed a motion to end the guardianship, although I'm not exactly sure what he called it. A few days ago, he submitted a 3 day order for default if they didn't respond to the motion. Well, yesterday I found out that they have responded.

As a little back-story (if the link doesn't work), I was having some problems with substance abuse and verbally agreed to my parents taking temporary guardianship. This was more than 3 years ago. The kids have been living with me 100% of the time, minus a night or two a month with their grandparents, for more than 2 years now. A year ago (on Mother's Day no less!) my mom gave me legal paperwork that had not been signed or notarized saying that they would be returning guardianship to me. I waited for months and months and nothing ever happened. Finally, I told my mom that she would have to do it or I would hire an attorney and do it myself. She still refused, so I finally followed through and hired an attorney. Today I sit here with this four page document in my hands basically ripping me apart as a parent and a person.

My parents have accused me of being "unstable and abusive" and say that I have not maintained a healthy emotional and psychological environment for the children. They say that I am not taking proper medications "necessary to normalize her emotional and psychological health to become mentally stable." They state that they have regular visitation with them and provide a residence for them. They claim that I have recently bought a home "without demonstrating her ability to furnish this home or make the required payments without assistance."

They claim that they respect the efforts I have made to overcome my deficits and "in their responsibilities as guardians, they have attempted to foster Respondent's relationship with the minor children...Petitioners have become increasingly alarmed at the abrupt, aggressive, irrational, and arbitrary conduct of the Respondent, particularly as it relates to the two minor boys. Petitioners assert that until the Respondent is able to once again receive appropriate medical care for her emotional, psychological, and mental health, the environment for the boys will continue to deteriorate and be unsafe, and not in their best interest." They claim that they have been doing their best to see to the kids' best interests and have not deprived me of contact with them. "It is premature, based upon the actions of the Respondent and the observations of the Petitioners and others, to terminate the guardianship."

If you've read this far, thank you! I couldn't really summarize all of that very well without taking away from the eloquent way in which it was written. My question is, can they really do this? Obviously I have talked to my attorney, but I think I was in such a state of shock that I couldn't really think straight to find out what it all really means. The kids have been living with me and they still do today. I don't know what kind of abuse they think is going on, but if they thought that shouldn't they have taken them since that's within their power as guardians? I have had problems with depression in the past, but who hasn't?! I am currently pregnant and not taking any prescription medications. I signed a medical release and my attorney spoke with my midwife and a doctor at the practice who verified that I do not need to be "medicated." My attorney mentioned that discovery is next. What does that entail? Am I really going to have to prove that all of these things they claim are untrue?? How can they claim that they are fostering my relationship with the children when the kids live with ME? Please tell me that a judge will see right through this.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
Seriously, you're going to have to stick with whatever your attorney is telling you. He has all the facts of the case and he knows your judge. It would be foolish for anyone here to second guess whatever your attorney is telling you.

In the end, the judge always sees two nicely written documents which present two different sides of the issue. The judge will make a decision based on the law, what's best for the child, and the credibility of the two people in front of him.

You already got responses explaining the law in your other thread. Credibility is up to you. The only thing left that you have is proving that terminating guardianship is in the best interests of the child. That's the biggest hurdle you have.
 

mrswright

Junior Member
Seriously, you're going to have to stick with whatever your attorney is telling you. He has all the facts of the case and he knows your judge. It would be foolish for anyone here to second guess whatever your attorney is telling you.

In the end, the judge always sees two nicely written documents which present two different sides of the issue. The judge will make a decision based on the law, what's best for the child, and the credibility of the two people in front of him.

You already got responses explaining the law in your other thread. Credibility is up to you. The only thing left that you have is proving that terminating guardianship is in the best interests of the child. That's the biggest hurdle you have.
Thanks for the response. I'm not trying to second guess what my attorney has told me. I'm trying to figure out what it all means for me and my case. Since that last thread was started in 2009, I kind of thought that the situation had changed enough to make it a slightly different case.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Idaho

A while ago I posted here about reversing the temporary guardianship that my parents have for my 2 sons. https://forum.freeadvice.com/child-custody-visitation-37/reversing-temp-guardianship-488943.html Since then, I hired a family law attorney and we filed a motion to end the guardianship, although I'm not exactly sure what he called it. A few days ago, he submitted a 3 day order for default if they didn't respond to the motion. Well, yesterday I found out that they have responded.

As a little back-story (if the link doesn't work), I was having some problems with substance abuse and verbally agreed to my parents taking temporary guardianship. This was more than 3 years ago. The kids have been living with me 100% of the time, minus a night or two a month with their grandparents, for more than 2 years now. A year ago (on Mother's Day no less!) my mom gave me legal paperwork that had not been signed or notarized saying that they would be returning guardianship to me. I waited for months and months and nothing ever happened. Finally, I told my mom that she would have to do it or I would hire an attorney and do it myself. She still refused, so I finally followed through and hired an attorney. Today I sit here with this four page document in my hands basically ripping me apart as a parent and a person.

My parents have accused me of being "unstable and abusive" and say that I have not maintained a healthy emotional and psychological environment for the children. They say that I am not taking proper medications "necessary to normalize her emotional and psychological health to become mentally stable." They state that they have regular visitation with them and provide a residence for them. They claim that I have recently bought a home "without demonstrating her ability to furnish this home or make the required payments without assistance."

They claim that they respect the efforts I have made to overcome my deficits and "in their responsibilities as guardians, they have attempted to foster Respondent's relationship with the minor children...Petitioners have become increasingly alarmed at the abrupt, aggressive, irrational, and arbitrary conduct of the Respondent, particularly as it relates to the two minor boys. Petitioners assert that until the Respondent is able to once again receive appropriate medical care for her emotional, psychological, and mental health, the environment for the boys will continue to deteriorate and be unsafe, and not in their best interest." They claim that they have been doing their best to see to the kids' best interests and have not deprived me of contact with them. "It is premature, based upon the actions of the Respondent and the observations of the Petitioners and others, to terminate the guardianship."

If you've read this far, thank you! I couldn't really summarize all of that very well without taking away from the eloquent way in which it was written. My question is, can they really do this? Obviously I have talked to my attorney, but I think I was in such a state of shock that I couldn't really think straight to find out what it all really means. The kids have been living with me and they still do today. I don't know what kind of abuse they think is going on, but if they thought that shouldn't they have taken them since that's within their power as guardians? I have had problems with depression in the past, but who hasn't?! I am currently pregnant and not taking any prescription medications. I signed a medical release and my attorney spoke with my midwife and a doctor at the practice who verified that I do not need to be "medicated." My attorney mentioned that discovery is next. What does that entail? Am I really going to have to prove that all of these things they claim are untrue?? How can they claim that they are fostering my relationship with the children when the kids live with ME? Please tell me that a judge will see right through this.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
I know it hurts that your parent's response says such awful things. However, your parent's response is mostly legal posturing...sadly, and in my opinion foolishly on their part. Nevertheless this is the kind of "classic" response that is normal in a case like this one.

The fact that your children have lived with you for the last two years and the fact that they obviously cannot prove that you have mental problems requiring medication are going to seriously damage their eventual credibility in court. They have to prove their allegations.

I would suggest that you let your attorney handle things and that you try not to stew about it.
 

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