Can i have a notarized guardianship paper overridden?

[Ohiogal]

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.

She is legally allowed to do so. HOWEVER, she needs to take responsibility for her actions. As do all posters. Legally she can get her son. That is fact.

 

[Zigner]

She is legally allowed to do so. HOWEVER, she needs to take responsibility for her actions. As do all posters. Legally she can get her son. That is fact.

I did say that in my opening sentence in that post

 

[stealth2]

I'll tell ya what I don't understand. 4yo begins acting out. Instead of either parent getting the child to a therapist to try and sort out whatever is going on, the child is given to a third party? I know, I know.... Mom works and Dad doesn't drive. Ask friend for a ride, take Uber, public transport...

None of this makes sense.

 

[Eekamouse]

Are you living in a mobile home park? Is that the reason why you are fixing up the defects in your home? How could you and your stay at home husband have let it get so run down? I get that money is tight but this is the home your kids are living in and it should be safe for habitation.

 

[Zigner]

I'll tell ya what I don't understand. 4yo begins acting out. Instead of either parent getting the child to a therapist to try and sort out whatever is going on, the child is given to a third party? I know, I know.... Mom works and Dad doesn't drive. Ask friend for a ride, take Uber, public transport...

None of this makes sense.

Agreed - that's why I'm a bit hesitant to simply suggest that the OP take the child back without consulting legal counsel. Yes, she has the right to do so, but that doesn't mean it's the wisest choice of action for this OP.

 

[CJane]

All the other weirdness aside, I think you'll have a difficult time should this go to court, convincing a judge that your friend should not keep guardianship *because you want a different third party to have it*. I mean, you're not saying "It was temporary until we completed much needed repairs, and now friend refuses to return our child".

Instead, you're saying that you and your husband could not provide adequate care or supervision for your 4 year old, and so you allowed the child to go live with your friend. And now, you don't want the child back - you want to have yet another 3rd person provide care and supervision for your child while you continue to "see the child everyday", but not actually parent.

That's not judgment. That's exactly what an impartial person is going to hear when you describe what is happening in your household. You're working literally all the time. Your husband is a SAHP, and yet the house is falling in on itself, and the child is out of control. He can't drive, isn't employed, and the child is extremely violent and disruptive when in his care. All of that points to some level of neglect, especially when added to the condition of the home.

I'm from Missouri. I know plenty of people who were simply too poor or too incompetent at home maintenance and repair to adequately care for an aging home - especially an aging mobile home. There are PLENTY of services in MO to help one bring their home up to code - and most of those are accessed through DSS. You can call them yourself and ask about these services.

But in my opinion, that's a completely separate issue from the issue of you sending your child to live with various other people for an indeterminate amount of time while you're unable to provide care.

 

[HRZ]

A husband who appears to procrastinate about finding work may be part of the homefront issues?

 

[CJane]

A husband who appears to procrastinate about finding work may be part of the homefront issues?

I don't know. Employment in Missouri is a difficult thing for a lot of people. Add to that the guy has never learned to drive, public transportation is iffy unless you live in the city center of Kansas City or St Louis (and if they're in a mobile home, they do not), and until they sent the child to live with this friend, he was providing child care 6 or 7 days a week.... I don't know when one would find the time to job hunt or interview or anything else. He couldn't even pick up occasional day labor with that set up.