Revoking guardianship

[mirror1234567]

State of NH. Custody was recently willingly given to the maternal grandmother of my 3 year old daughter, because at the time I was unable to care for her. Now circumstances have changed and I am able to care for her. there was a verbal agreement that my daughter would be returned to me once i was able to properly take care of her, the grandmother has since then been uncooperative with this verbal agreement. what can i do as her father? and how involved does her mother have to be? she only sees her for 3-5 hours once a week. and is not amicable with either side. Just need to know my options. Thank you!

 

[Antigone*]

State of NH. Custody was recently willingly given to the maternal grandmother of my 3 year old daughter, because at the time I was unable to care for her. Now circumstances have changed and I am able to care for her. there was a verbal agreement that my daughter would be returned to me once i was able to properly take care of her, the grandmother has since then been uncooperative with this verbal agreement. what can i do as her father? and how involved does her mother have to be? she only sees her for 3-5 hours once a week. and is not amicable with either side. Just need to know my options. Thank you!

Was anything ever done through the courts? Are you married to the child's mother? If not, have you been legally declared dad?

 

[Isis1]

Was it custody given to the grandmother? Or was it guardianship? Was this filed with the courts? When was this filed?

 

[mirror1234567]

We were never married. I am legally recognized as her dad. Im on the birth certificate, and it was never brought in to question. It was an order for guardianship not custody.

 

[mirror1234567]

it was filed in december, and finalized in march through the court.

 

[Isis1]

We were never married. I am legally recognized as her dad. Im on the birth certificate, and it was never brought in to question. It was an order for guardianship not custody.

is it safe to assume mom was properly served and consented?

 

[mirror1234567]

about the guardianship? yes the mother was there for the hearing.

 

[mirror1234567]

she did try to prtotest it but had no grounds as she has no job, no vehicle, and no way to properly care for her, as deemed by the court.

 

[Isis1]

about the guardianship? yes the mother was there for the hearing.

there's a petition to revoke guardianship you will have to file.

just curious. when you say she isn't cooperative, what exactly do you mean?

 

[LdiJ]

there's a petition to revoke guardianship you will have to file.

just curious. when you say she isn't cooperative, what exactly do you mean?

Since mom and dad were never married I think that dad is going to have to do more than just file to revoke the guardianship. I think that he will have to file for custody as well.

 

[mirror1234567]

she has been very careful to be cooperative with what the court document says, which is we have her on certains nights, etc... But whenever I start to bring up her coming to live with me and my fiance, she clams up, and doesnt give me any extra time. what she's being uncooperative with is the verbal agreement that we made for my daughter to come live with me (and my fiance) now that my circumstances have changed. which i know is just a verbal. but is it ibn my parental right to take her back, and revoke that court decision?

 

[mirror1234567]

the state of nh has become very hands off about custody battles, I was told by an attorney that they will not go through the process unless the child's life is in danger. (which is isn't). is that true?

 

[LdiJ]

she has been very careful to be cooperative with what the court document says, which is we have her on certains nights, etc... But whenever I start to bring up her coming to live with me and my fiance, she clams up, and doesnt give me any extra time. what she's being uncooperative with is the verbal agreement that we made for my daughter to come live with me (and my fiance) now that my circumstances have changed. which i know is just a verbal. but is it ibn my parental right to take her back, and revoke that court decision?

You have the right to file in court for custody and to revoke the guardianship. Due to the fact that you were not married to mom, you don't actually have any custody of the child at this point. You are legally the father, but that is all that is legally established.

 

[Zigner]

It's incredible how some parents treat their kids like a beach ball.

 

[Isis1]

Since mom and dad were never married I think that dad is going to have to do more than just file to revoke the guardianship. I think that he will have to file for custody as well.

That's where I got stuck. If there is no court established parental rights, how does he have the authority to grant a guardianship?