parents seeking to regain custody; g'parents now looking for guidance

[jullian]

What is the name of your state? Massachusetts

We, the grandparents, have had legal guardianship of our twin grandsons for 8 years. They were removed from their home due to abuse. The parents have made progress in their personal lives and now wish to regain custody of their sons. This is not something we will initiate, but we may be agreeable in the event they do initiate. (The boys currently visit with their parents on the weekends, and they have expressed their desire to be reunited with their parents and siblings.) I guess we are just looking for a little direction as to what the process might be. Thank you, in advance.

 

[LdiJ]

What is the name of your state? Massachusetts

We, the grandparents, have had legal guardianship of our twin grandsons for 8 years. They were removed from their home due to abuse. The parents have made progress in their personal lives and now wish to regain custody of their sons. This is not something we will initiate, but we may be agreeable in the event they do initiate. (The boys currently visit with their parents on the weekends, and they have expressed their desire to be reunited with their parents and siblings.) I guess we are just looking for a little direction as to what the process might be. Thank you, in advance.

If everyone is in agreement, and CPS no longer is involved in the children's lives. Then the process would be very simple. You would simply have an attorney draw up an agreement to revoke the guardianship and return custody to the parents, and then file it with the courts. Its quite possible that the judge would sign off on it without even holding a hearing.

 

[BL]

Some Courts have a form to fill . Both Parties go down to the Courthouse and can file it out .

Call your Courts' Clerk to see about it . It may not even take a Lawyer to do.

The Judge may want to speak to the Parties before agreeing .

 

[jullian]

I just wanted to say thank you for your responses (hope that is okay to do). At least now we have a bit of an idea of what may be involved, in the event it does come to pass. Thank you for your time and consideration.

 

[jullian]

we followed your words and went to the clerk of courts ... her comments were pretty much in line with what has been posted here ... i am just concerned with the form we were given to fill out, the wording ... the "motion to resign as guardian" ... "now comes _____, pursuant to G.L. c 201 ss 33, who represents that on ________ he/she was appointed by this court to be guardian of ________ and that it is no longer ____ convenient _____ necessary for him/her to serve as guardian and who, therefore, moves this court to allow him/her to resign said trust."

we just don't want the boys in any kind of limbo ... if the court does not feel it is in their best interest to be back with their parents, we do want them to remain with us ... it is in no way not convenient for them to be with us ... any comments/reassurance before we proceed would be most welcomed ...
thanks again for all your input ...

 

[BL]

we followed your words and went to the clerk of courts ... her comments were pretty much in line with what has been posted here ... i am just concerned with the form we were given to fill out, the wording ... the "motion to resign as guardian" ... "now comes _____, pursuant to G.L. c 201 ss 33, who represents that on ________ he/she was appointed by this court to be guardian of ________ and that it is no longer ____ convenient _____ necessary for him/her to serve as guardian and who, therefore, moves this court to allow him/her to resign said trust."

we just don't want the boys in any kind of limbo ... if the court does not feel it is in their best interest to be back with their parents, we do want them to remain with us ... it is in no way not convenient for them to be with us ... any comments/reassurance before we proceed would be most welcomed ...
thanks again for all your input ...

The parents have made progress in their personal lives and now wish to regain custody of their sons. This is not something we will initiate, but we may be agreeable in the event they do initiate.

By doing it this way you will be initiating the resignation .

If they want the boys back , they should initiate it , and you should have an opportunity to speak you peace .

Again ask the clerk how this normally done , as in if both parties go in front of a Judge before it's granted ?