Reversing temp guardianship

[mrswright]

What is the name of your state (only U.S. law)? ID

My parents have had legal temporary guardianship over my two sons since February of last year. I was undergoing treatment for alcohol addiction and agreed that it would be in their best interest to be in the care of my parents until I got my life on track. I have been clean and sober for a year and a half now and my sons have been staying with me and my husband for almost six months 100% of the time. Prior to the last six months, we were gradually working up to them being with us full time. In late May or early June of this year, my mom told me that she knows I am ready to have them all of the time, but she wanted to wait until my husband and I got married so that we could provide health insurance for them through his work. We switched the health insurance over on October 1st.

I consulted an attorney last week under the impression that my mom was still on board with reversing the guardianship. She claimed that she couldn't afford to pay her attorney to do the reversal, so I decided I would do it myself. However, when it came down to it, my mom said that she would not sign anything and now she doesn't think I'm "ready," although I have the kids 100% of the time. Wouldn't that in itself prove that I am capable of taking care of them? My husband and I have a 6 month old daughter together, so with three kids it is not favorable for me to work and pay for daycare, so I stay at home with them. I would think that a judge would find a situation like that more favorable than for them to be in daycare almost 12 hours a day, five days a week like they were when they lived with my parents. Would that even be brought up?

I really wanted to do this amicably so that the kids would not be involved in a battle between me and their grandparents. The lawyer that I had consulted told me that maybe we should just wait, but I don't want to wait. My husband and I have taken full responsibility for my sons both financially and emotionally. We provide everything for them from food to health insurance. My husband wants to adopt them (he is not their biological father. Their bio-father has not been around in several years). We are willing to pay the money necessary to go in front of a judge, but I want to know if there could be a better way to go about it. Every time I do what my mom wants me to do so that we can change the guardianship she thinks of something new, so I am having the feeling that going to court will be the only way to get anything accomplished. I think my mom wants to have control over me and the situation, but she prefers that they stay with me so that she can live her life. I just need some advice about this situation. Should I consult a new lawyer or just wait like the one I talked to advised? What are the steps I need to take to make the best case possible if we did end up taking this to court?What is the name of your state (only U.S. law)?

 

[Proserpina]

I'm not even sure at this point if it's relevant, but where is their father? Were you married to him?

 

[mrswright]

I'm not even sure at this point if it's relevant, but where is their father? Were you married to him?

Yes, we were married. He is in Washington somewhere. I have tried locating him with no success.

 

[Ronin]

While you have given no reason to question your attorneys competence, it appears you may need an attorney who will be a more aggressive advocate for your position. It may be your attorney lacks experience with this type of case, and would prefer to wait for an easy uncontested solution rather than to have to buckle down and prepare for a disputed case. Or any other number of reasons...

Don't be afraid to consult with another family law attorney or two if needed.

You appear to be in a fairly good position to prevail on what you are asking for, and going back to court does not have to be ugly at all. Especially if your parents cannot afford to hire any lawyers to make things more difficult.

You are the mother, and if you are deemed a fit parent, your right to the custody of your children trumps that of your parents. It does matter that you currently have them 100% of the time.

 

[Proserpina]

While you have given no reason to question your attorneys competence, it appears you may need an attorney who will be a more aggressive advocate for your position. It may be your attorney lacks experience with this type of case, and would prefer to wait for an easy uncontested solution rather than to have to buckle down and prepare for a disputed case. Or any other number of reasons...

Don't be afraid to consult with another family law attorney or two if needed.

You appear to be in a fairly good position to prevail on what you are asking for, and going back to court does not have to be ugly at all. Especially if your parents cannot afford to hire any lawyers to make things more difficult.

You are the mother, and if you are deemed a fit parent, your right to the custody of your children trumps that of your parents. It does matter that you currently have them 100% of the time.

Agreed.

OP, you certainly have some very positive things in your favor - I do think you have certainly more than a fair chance at prevailing.

Bear in mind if your husband does wish to adopt, your ex will need to be notified at the very least (as a rule).

 

[LdiJ]

Agreed.

OP, you certainly have some very positive things in your favor - I do think you have certainly more than a fair chance at prevailing.

Bear in mind if your husband does wish to adopt, your ex will need to be notified at the very least (as a rule).

It sounds to me like she voluntarily gave guardianship to her parents. If so, it should be relatively easy to revoke that guardianship, particularly since the children have been living with her full time for the last six months, and that is status quo.

 

[mrswright]

While you have given no reason to question your attorneys competence, it appears you may need an attorney who will be a more aggressive advocate for your position.

I don't have a reason to question the attorney's competence. I am in no way qualified to do so! But, I agree that I should find an attorney who is more willing to fight for me. Thank you.

It sounds to me like she voluntarily gave guardianship to her parents. If so, it should be relatively easy to revoke that guardianship, particularly since the children have been living with her full time for the last six months, and that is status quo.

I did agree to my parents getting temporary guardianship over my children, although I never signed anything and I wasn't present in court (I was at a treatment center). I don't know if that changes anything or not.

Bear in mind if your husband does wish to adopt, your ex will need to be notified at the very least (as a rule).

I know I am getting a little ahead of myself, but in cases such as this where I am unable to find the biological father, is it possible to do a service through publication? I know I will have to have an attorney for this as well, but I don't want to continue looking for someone who doesn't want to be found when I can do it an easier way.

 

[Proserpina]

It sounds to me like she voluntarily gave guardianship to her parents. If so, it should be relatively easy to revoke that guardianship, particularly since the children have been living with her full time for the last six months, and that is status quo.

The "voluntarily" doesn't appear to be nearly as important as the "last six months".

But yes, essentially.