Legal Guardianship

[mmillss]

What is the name of your state (only U.S. law)? s Ohio
Hello,
I need some advise.

I need to know what to do and what steps I can take in getting my daughter back. She currently resides with my step father my mother and step father have filed for divorce sometime last year and now are seperated. My stepfather has legal guardianship of my daughter. As a mother do I have rights to contest this now seeing that he is no longer married to my mother? The only reason I gave legal guardianship was because at the time I had lost my job and was going to school. Now there is no reason for him to have guardianship of my daughter.

[Ohiogal]

Guardianship in Ohio is revokable so you can revoke permission for guardianship through the courts. File and ask that your child be immediately returned to you. You did go through the courts correct?

[LdiJ]

Originally Posted by mmillss

What is the name of your state (only U.S. law)? s Ohio
Hello,
I need some advise.

I need to know what to do and what steps I can take in getting my daughter back. She currently resides with my step father my mother and step father have filed for divorce sometime last year and now are seperated. My stepfather has legal guardianship of my daughter. As a mother do I have rights to contest this now seeing that he is no longer married to my mother? The only reason I gave legal guardianship was because at the time I had lost my job and was going to school. Now there is no reason for him to have guardianship of my daughter.

You would need to file a petition to revoke the guardianship.

[mmillss]

yes it was done through the courts however i was not there at the time to contest it I was starting a new job and he thought it would be best if I started my job and not have to go to a court hearing, which I thought it was the right thing at that time. I guess my main concern is that he would not give up my daughter easily because he seems to feel that I am unable to take care of her because of the decisions i have made in my past. And also has been in her life for a long time. I just feel that since my mother is no longer married to him, it is my responsiblity to raise her now. I am not a drug user, never have been, an occasional drink here and there say maybe 3 to 6 months in a time span for an alcoholic beverage.

[Ohiogal]

Was it guardianship or CUSTODY? You are going to need to take your paperwork to an attorney and see exactly what happened. By not showing up you were sending a message to the court that you did NOT care about your child.

[mmillss]

it wasnt that I didn't care I love her she is the only child of mine and the love of my life, I took his word for it so I signed a waiver not to show up because like i said I was starting a new job. And going to court after a week being on the job. At that time my parents were the only people to provide for her and I needed to get back on my feet. It has been a few years and having my share of jobs that may not provide for her I didn't want to take a chance Plus my parents divorce is finalized I just needed to know what steps I need to take now.

Yes I realized I made that mistake so long ago and now I'm trying to fix that mistake.

[Ohiogal]

Originally Posted by mmillss

it wasnt that I didn't care I love her she is the only child of mine and the love of my life, I took his word for it so I signed a waiver not to show up because like i said I was starting a new job. And going to court after a week being on the job. At that time my parents were the only people to provide for her and I needed to get back on my feet. It has been a few years and having my share of jobs that may not provide for her I didn't want to take a chance Plus my parents divorce is finalized I just needed to know what steps I need to take now.

Yes I realized I made that mistake so long ago and now I'm trying to fix that mistake.

You should have intervened in your mother's divorce regarding your child in order to make sure that court didn't rule on custody of YOUR child. You need to find out exactly whether the court ordered guardianship or custody to your mother and stepfather. When you find out come back and post word for word what it says. Leave out the names.