Guardianship

[jmanning]

Missouri
I was served with a petition for guardianship from my 6 year old son's grandmother. Her son is not able to care for him. We have joint legal and joint physical, with my home being the primary residence. I believe she is doing this to use her sons visitation schedule. There is no reason for her to have any legal hold on my son. I am perfectly able to care for him myself. What are the chances of her getting awarded this? I really dont have the money to hire a lawyer to fight her. She is claiming a lot of bad things about me. Any advice?

 

[LillianX]

Just to clarify, she is petitioning for GUARDIANSHIP of your child, rather than requesting visitation?

 

[jmanning]

Yes. It says the father waived being served. He is facing 4 felony charges and knows he doesnt stand a chance in any custody battle now. They took my son back in Oct 2010 for my EX's scheduled visitation and hid him from me until July of this year. I was finally able to get my son back when his father was arrested for a weapon charge. I am trying to save for an attorney now to file a modification for full custody.

 

[BL]

Yes. It says the father waived being served. He is facing 4 felony charges and knows he doesnt stand a chance in any custody battle now. They took my son back in Oct 2010 for my EX's scheduled visitation and hid him from me until July of this year. I was finally able to get my son back when his father was arrested for a weapon charge. I am trying to save for an attorney now to file a modification for full custody.

She is going to have to prove you are unfit or incapable of the basic care of your child .

If she can prove neither , don't worry about it ask for dismissal .

You say you can not afford an attorney .

If the court wants you to have an attorney , the court would reschedule for you to have time to obtain one .

What are her exact allegations that you are unfit or incapable ?

Have you ever been investigated by child protective services of any kind ?

 

[jmanning]

Yes back in Oct right before they took my son, I was involved in a car wreck with 2 of my children in the car. My EX claimed drugs. I was investigated and cleared by CPS. I was cleared of the citations issued by the Highway Patrol. My demeanor after the wreck was due to head injuries I received in the wreck, not DRUGS! Drug tests came back negative. But I still had to get a lawyer and fight them in court. All charges were dropped. I was never arrested just issued citations by the State Police. My sons grandmother is saying I am unfit due to the wreck, and back in Dec I checked myself into a clinic to be evaluated for severe depression. Mostly due to many years of abuse, them hiding my son from me, trying to fight the citations, and severe financial distress. I am fine now, working, have my own car and place to live.

 

[BL]

Yes back in Oct right before they took my son, I was involved in a car wreck with 2 of my children in the car. My EX claimed drugs. I was investigated and cleared by CPS. I was cleared of the citations issued by the Highway Patrol. My demeanor after the wreck was due to head injuries I received in the wreck, not DRUGS! Drug tests came back negative. But I still had to get a lawyer and fight them in court. All charges were dropped. I was never arrested just issued citations by the State Police. My sons grandmother is saying I am unfit due to the wreck, and back in Dec I checked myself into a clinic to be evaluated for severe depression. Mostly due to many years of abuse, them hiding my son from me, trying to fight the citations, and severe financial distress. I am fine now, working, have my own car and place to live.

Just bring it all up in court with any proofs you have or can obtain .

Additionally , the fact that you were able to retreive your children without the GP filing an emergency guardianship petition after their son was arrested shows they weren't all that conserned in the return of the chil(ren) to you .

Show your proofs .