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  1. #1
    Mealer Guest

    Question

    I live in Cook County IL, my cousin lives in Chester County PA. In 1998 I gave guardianship to her for my 12 yr old son. The end of Sept/beginning of Oct. 1999 she called me and told me to take him back & that she was unable to handle him any more. I sent a her a plane ticket for him & now he has been here since Oct.9,1999. Now she wants him back. Is there anything I can do to stop her from taking him from IL back to PA until I can get the guardianship revoked? Did she give up her rights as a guardian when she sent him back to me or is there any type of time limits for him being here & away from her? You can email me at Mealer13@aol.com or TraceyM@cscfleet.com Thank you. Oh this recently started last Thursday and she claims to be coming here to get him around 07/05/00 or so. I also forgot to mention that my new husband & I don't have alot of money either. We've just made several big purchases for our family.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mealer:
    [b]I live in Cook County IL, my cousin lives in Chester County PA. In 1998 I gave guardianship to her for my 12 yr old son. The end of Sept/beginning of Oct. 1999 she called me and told me to take him back & that she was unable to handle him any more. I sent a her a plane ticket for him & now he has been here since Oct.9,1999. Now she wants him back. Is there anything I can do to stop her from taking him from IL back to PA until I can get the guardianship revoked? Did she give up her rights as a guardian when she sent him back to me or is there any type of time limits for him being here & away from her? You can email me at Mealer13@aol.com or TraceyM@cscfleet.com Thank you. Oh this recently started last Thursday and she claims to be coming here to get him around 07/05/00 or so. I also forgot to mention that my new husband & I don't have alot of money either. We've just made several big purchases for our family.[/b]<HR></BLOCKQUOTE>

    My response:

    You didn't say whether the Guardianship was voluntary or court ordered. Please be specific. What were the circumstances with you at the time? Tell me everything.

    IAAL



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  3. #3
    Mealer Guest

    Red face

    I am sorry. I gave her guardianship in 1998. I was living in IL for a few months already when she had a lawyer send me the papers to sign.

    I had a copy of them and even looked at them a month ago with my son but they have turned up missing.

    ------------------
    Tracey L. Mealer
    Mealer13@aol.com or TraceyM@cscfleet.com
  4. #4
    I AM ALWAYS LIABLE is offline Senior Member
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    <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mealer:
    [b]I am sorry. I gave her guardianship in 1998. I was living in IL for a few months already when she had a lawyer send me the papers to sign.

    I had a copy of them and even looked at them a month ago with my son but they have turned up missing.

    [/b]<HR></BLOCKQUOTE>

    My response:

    You've got to read my posts to you very carefully, because I don't want this thread to be 20 responses in length. I didn't ask whether or not the papers were missing. Please, only answer what is asked of you, and no more. Now, please, read my post again.

    Please remember, the following is California law. However, it is fairly standard in most states, so it should be helpful to you:

    Termination of guardianship in favor of parent: The Probate Code - - and not the Family code laws - - governs the bases for terminating a nonparent's guardianship at the behest of a parent seeking to regain custody. Guardianship of Simpson (1998) 67 Cal.App.4th 914, 921, 79 Cal.Rptr.2d 389, 392]

    Pursuant to the Probate Code, upon petition of the guardian, a parent or the child, the court may make an order ending the guardianship if either of the following conditions exists:

    · it is "no longer necessary" that the child have a guardian; or

    · it is in the child's "best interest" to terminate the guardianship. [Guardianship of Kassandra H. (1998) 64 Cal.App.4th 1228, 1230, 75 Cal.Rptr.2d 668, 669]

    "No longer necessary" - - focus on overall parental fitness: The "no longer necessary" standard is not tantamount to a finding that returning the child to a parent's custody would not be detrimental to the child; nor is it merely synonymous with a finding of the child's "best interest." Rather, "no longer necessary" within the meaning of the Probate Code "necessarily requires a showing of overall fitness on the part of the natural parent seeking to end the guardianship sufficient to overcome the inherent trauma of removing a successful caregiver." [Guardianship of Kassandra H., supra, 64 Cal.App.4th at 1239-1240, 75 Cal.Rptr.2d at 675 (emphasis added)--fact natural father overcame alcoholism that had led to guardianship not sufficient to remove child from grandmother who had established exemplary nurturing relationship with child; Guardianship of Simpson, supra, 67 Cal.App.4th at 933, 79 Cal.Rptr.2d at 400]

    In effect, this standard puts paramount importance on the need for stability and continuity in the child's living arrangement. [Guardianship of Kassandra H., supra, 64 Cal.App.4th at 1238-1239, 75 Cal.Rptr.2d at 674-675]

    The Parent's burden of proof: The burden is not upon the guardian to establish the child would suffer detriment by being returned to the parent. Instead, the parent seeking custody bears the burden of showing his or her "overall fitness" as noted above. [Guardianship of Simpson, supra, 67 Cal.App.4th at 933, 79 Cal.Rptr.2d at 400]

    The court in Kassandra H., supra, notes a concern that the "overall fitness" standard for returning custody to the parent might have the "unintended consequence of discouraging voluntary guardianships." Nonetheless, applying a more lenient test "would mean that the parent's interest in a right-of-retrieval would outweigh the child's interest in a stable and secure environment and--unless the Legislature is going to plainly say otherwise--there is no way that any court is going to put its imprimatur on that." [See Guardianship of Kassandra H., supra, 64 Cal.App.4th at 1240, 75 Cal.Rptr.2d at 675 (emphasis in original) (dictum)]

    Get to your attorney FIRST THING ON JULY 5th to start revocation proceedings.

    IAAL

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    By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



    [This message has been edited by I AM ALWAYS LIABLE (edited July 02, 2000).]

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