Can i have a notarized guardianship paper overridden?

[Zigner]

Get your son and don't take him back to your ex-friend's. If the therapist suspected abuse, it should have been reported already.

 

[Dskyes12]

Get your son and don't take him back to your ex-friend's. If the therapist suspected abuse, it should have been reported already.

That's what I'm saying. She's trying to tell me if I take my son they will be notifying dfs

 

[Zigner]

That's what I'm saying. She's trying to tell me if I take my son they will be notifying dfs

If the therapist actually suspects abuse and the therapist actually said that, then the therapist has already broken the law.

I find this scenario a bit mind-boggling. As a parent, if I had ended up in a similar situation, my child would have been taken out of this "friend's" care as soon as this started. The fact that you are so hesitant to do so gives the appearance that you have some concerns about what the authorities may uncover if they are involved.

 

[Dskyes12]

If the therapist actually suspects abuse and the therapist actually said that, then the therapist has already broken the law.

I find this scenario a bit mind-boggling. As a parent, if I had ended up in a similar situation, my child would have been taken out of this "friend's" care as soon as this started. The fact that you are so hesitant to do so gives the appearance that you have some concerns about what the authorities may uncover if they are involved.

They wont find anything just my house is slightly in disarray because we are remodeling/fixing my mobile home. We fixed one set of floors falling in and we are just wanting to be 100% sure our home wont get flagged for this. Its livable but the broken window is in his bedroom and I haven't made it out to the surplus to replace it yet. I dont do drugs and work 6-7 days a week. We are just taking precautions so it doesn't come back to bite us, at least not too hard

 

[Zigner]

But your husband is there all the time...
I take back my earlier advice. I believe that you should consult with a local attorney. The therapist and your friend may not be in the wrong by withholding a report if the child is no longer living in the conditions that could be considered neglectful.

 

[Dskyes12]

He doesn't drive, because he never got his license, and he had a job til last year and we were going to have the house fixed by now, but life happens and he got fired so he stayed home with my son and his daughter when we have her. Hes trying but I told him he needs to find a good enough paying job for it to count so we aren't giving almost his whole check in child care. I know the situation is very odd and it is to us too but we are trying to do whatever it takes to get it all back in working order again.

 

[Dskyes12]

All we have left is replacing the window, replacing some flooring, fixing a couple soft spots and re-painting and also replacing a kitchen counter. That's it. The house isn't in that horrid of shape.

 

[Ohiogal]

That's what I'm saying. She's trying to tell me if I take my son they will be notifying dfs

Let the therapist do that then. You can't stop it. GET YOUR SON!

 

[Zigner]

Let the therapist do that then. You can't stop it. GET YOUR SON!

It is true that the OP has every legal right to do so, but I am not so sure that the OP doesn't have some dangerous conditions at home that could rise to the level of neglect. If it were me, I'd have done it long ago, but this OP is living in dilapidated housing - the child's room doesn't even have a window. The OP sent her kid away even though the child's DAD is present full-time in the house and able to provide care.

Something more is going on here than we have been led to believe, so I'm a bit more reserved in my advice to the OP.

 

[HRZ]

OP. .a lot of gaps in who did what ...just as a layman..a private letter of quardianship may have all the legal strength of wet toilet paper and or is just as easily revoked by the drafting party. Absent some real court order or equivalent written directive from CPS. that limits your rights as parent...drive over and pick up your child It's probably also true that if some other adult interferes with your parental rights they may be looking at arrest for criminal activity ...look it up for your state and call police if somebody interferes with your parental rights. ...but go get your child. ....

HOWEVER ..parts of your story suggest that something is going wrong in sons life and either you don't know or don't want to know ....and to some extent we expect adults to butt in a bit if a child is at risk and in some cases the adult is mandated to report suspicions of child abuse to law enforcement .

OP if it were my child I'd go get my child today and sort out as best I could what's behind the behavior patterns ...I simply don't know if therapist has a duty to discuss things with the custodial parent ..but I'd sure ask/ find out.

 

[PayrollHRGuy]

That's what I'm saying. She's trying to tell me if I take my son they will be notifying dfs

That could be considered extortion. Go get you child.

 

[HRZ]

a broken window and some repairs underway is NOT child abuse ...something else is going on .....( we could argue building code issues....but.I doubt this has anything to do with Code issues )

 

[Zigner]

a broken window and some repairs underway is NOT child abuse ...something else is going on .....( we could argue building code issues....but.I doubt this has anything to do with Code issues )

Considering that the OP said they fixed "... one set of floors falling in ...", it could be implied that there are other instances of floors falling in. A broken window in a 4-year-old's room certainly could be considered neglectful.

There's more to this than we're being told. I think it's unwise to advise when we're not getting the whole story.

 

[not2cleverRed]

Let the therapist do that then. You can't stop it. GET YOUR SON!

^^^^^
Actual atty typed the above. Which the "friend" and alleged therapist are not.

 

[HRZ]

A child living in a condemned structure might be abuse/neglectful ....but I doubt this is about a broken window...Agree there is more to story