Petition to Terminate Guardianship

[amccloud14]

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

My mom has legal guardianship (through the courts) over my 9 year old neice and she has had legal guardianship over her since 2005. Her mother signed over her rights. Since my mom has had guardianship, my neices mother has been in and out of boyfriends homes, shelters, and families homes. She has been on drugs. I dont know if she still does drugs but she was doing them. She has only seen her about 3 or 4 times within that time frame and has not built any kind of relationship with her. She calls a lot but only talks to her about 2 minutes when she does call and she is always talking to people around her, never to her daughter. We have to sometimes make her talk to her mom because she doesnt want to talk to her. She recently moved in with another guy and got a job working at KMart. Before she moved in with this guy she was living in a shelter. She is now filing a petition to terminate guardianship and my mom has a court hearing set for November 5 in Arizona. We recently moved to Utah and I think that is why her mom is so upset and seeking for termination of guardianship. What rights does my mom have? Can she fight this and does she have a good case to fight it. Her mother is not stable and just two months ago was living in a shelter. Will the courts take my neice out of the stable environment she is in and put her back with her mother who is far from stable? My neice is so upset about this and does not want to go back to her mom. Thanks

 

[Hot Topic]

You should let the adults handle the situation. And you should be referring to your niece's mother as your aunt.

I don't think it speaks well of your mother that you know, or seem to know, so much about your aunt's situation.

If your mother wants help from this board, she should post for herself.

 

[amccloud14]

Wow - I thought this was a place to come to for legal help not for attitude. I am 26 years old. I have helped my mother with my neice since she was born. And no, her mother is not my aunt. My brother and her were dating when my neice was born - they were never married and she would not be considered my aunt. I think before you post such horrible replies you should know more about the situation. I have every right to ask because her going back to her mother would effect the whole family.
Thanks for your reply but Id rather have someone reply that could actually help me not try to make me look like Im an idiot for posting a question.

 

[LdiJ]

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

My mom has legal guardianship (through the courts) over my 9 year old neice and she has had legal guardianship over her since 2005. Her mother signed over her rights. Since my mom has had guardianship, my neices mother has been in and out of boyfriends homes, shelters, and families homes. She has been on drugs. I dont know if she still does drugs but she was doing them. She has only seen her about 3 or 4 times within that time frame and has not built any kind of relationship with her. She calls a lot but only talks to her about 2 minutes when she does call and she is always talking to people around her, never to her daughter. We have to sometimes make her talk to her mom because she doesnt want to talk to her. She recently moved in with another guy and got a job working at KMart. Before she moved in with this guy she was living in a shelter. She is now filing a petition to terminate guardianship and my mom has a court hearing set for November 5 in Arizona. We recently moved to Utah and I think that is why her mom is so upset and seeking for termination of guardianship. What rights does my mom have? Can she fight this and does she have a good case to fight it. Her mother is not stable and just two months ago was living in a shelter. Will the courts take my neice out of the stable environment she is in and put her back with her mother who is far from stable? My neice is so upset about this and does not want to go back to her mom. Thanks

Your mom should not have moved the child to Utah without the permission of the courts.

Mom absolutely has the right to try to revoke the guardianship, and unless your mother can prove her legally unfit, its quite possible that it will be revoked, particularly since the guardianship was voluntarily given by the mother. Parents have constitutional rights where their children are concerned.

 

[TheGeekess]

You should let the adults handle the situation. And you should be referring to your niece's mother as your aunt.

I don't think it speaks well of your mother that you know, or seem to know, so much about your aunt's situation.

If your mother wants help from this board, she should post for herself.

HT, a niece's mother is a sister, not an aunt. A cousin's mother would be an aunt.

 

[seniorjudge]

HT, a niece's mother is a sister, not an aunt. A cousin's mother would be an aunt.

What is a cousin's mother's niece's sister?

 

[amccloud14]

Hi - thanks for the responses and to set the record straight - she would be my sister in law if my brother and my neices mother were married. But they are not married.
Anyways - my mom had the permission from the courts to take my neice to Utah. They said that my mom has full legal guardianship and that her mother has lost all the rights of the child. On the court papers it states that the mother has terminated her rights and that my mom is the legal guardian. My mom called the courts before we left Arizona and checked (she actually called twice before we left and then when we received notice of the court date coming up she called again to double double check) and they said every time that my mom has the right to take her wherever as long as the courts knew where they were.

 

[Isis1]

Hi - thanks for the responses and to set the record straight - she would be my sister in law if my brother and my neices mother were married. But they are not married.
Anyways - my mom had the permission from the courts to take my neice to Utah. They said that my mom has full legal guardianship and that her mother has lost all the rights of the child. On the court papers it states that the mother has terminated her rights and that my mom is the legal guardian. My mom called the courts before we left Arizona and checked (she actually called twice before we left and then when we received notice of the court date coming up she called again to double double check) and they said every time that my mom has the right to take her wherever as long as the courts knew where they were.

i'm confused. did the courts give grandma guardianship or custody? there is a difference. was dad's right's terminated as well? did dad sign over guardianship as well? was mom STRIPPED of her rights by the courts? or did she sign over voluntarily.

this is why third party advice is frowned upon. you seem to be getting your legal terminolgy a bit mixed up making it harder for anyone to give you real advice. we can only speculate and that does no one any good.

 

[amccloud14]

Ok this is what happened. My brother lost his rights because he didnt show up to court when they were figuring guardianship of her. So,my parents were given my brothers rights. Now, my neices mother was living in a shelter home so my mom took my neice and they applied for temporary guardianship, which the mother agreed to. Well, the courts sent paperwork to my mom about a year after the "temp. guardianship" stating that the mother no longer had rights and that my mom was granted full guardianship of my neice. So, the courts granted her the full guardianship. I know it sounds confusing and Im sorry but all the legalities really are confusing. We might just have to contact a lawyer

 

[LdiJ]

Ok this is what happened. My brother lost his rights because he didnt show up to court when they were figuring guardianship of her. So,my parents were given my brothers rights. Now, my neices mother was living in a shelter home so my mom took my neice and they applied for temporary guardianship, which the mother agreed to. Well, the courts sent paperwork to my mom about a year after the "temp. guardianship" stating that the mother no longer had rights and that my mom was granted full guardianship of my neice. So, the courts granted her the full guardianship. I know it sounds confusing and Im sorry but all the legalities really are confusing. We might just have to contact a lawyer

That is still confusing. The legal realities are not confusing, its your terminology that is confusing and I am not sure that you understand exactly what happened, legally.

Your mother did not have the permission of the court to move to Utah unless she filed a motion asking for permission, had a hearing in front of a judge, and had the judge specifically grant her permission. Calling the court and talking to the clerk is not getting permission.

Now, as far as your brother and mom is concerned, what we don't understand is if their visitation/custody rights were terminated, or if their parental rights were terminated. Those two issues are completely different. Unless CPS was involved, and your brother and mom failed to follow their case plan, I doubt very much if their parental rights were terminated.

 

[Samd88]

Idiodic.

What should be terminated is your account (hot topic). Ignorance and stupidity at its finest.

 

[Just Blue]

What should be terminated is your account (hot topic). Ignorance and stupidity at its finest.

Ahhh. You join to insult a member on a 7 year old thread...Pretty ignorant and stupid of YOU!!