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How to evoke a Temporary Guardianship order placed on my son by my parents?

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Akrejci30

Member
My son is 2 and a half years old at this time. When he was about 6 months old, my son's father and I were going through a troubling time and while I was in a rehabilitation program to improve my life in many aspects. While I was three hours from home getting treatment, I was served papers, stating that my parents were taking me to court to fight for sole custody of my son. I was extremely upset at this time, because I was working hard to better my life for my son and I and here comes the most unexpected, awful news I could ever imagine, from my own parents. I didnt think I was going to be able to attend the court hearing, because I was so far away from home at the time, and I obviously was not allowed to take a day trip back home from where I was being treated, so I thought that there was no question I was going to lose custody of my son at that time. As i understood it, if I wasnt able to make that court hearing my parents wouldve automatically received the sole custody they were hoping for. I was informed by their lawyer (unsure if this was true or not), that if I were unable to make it to the hearing, it would mean to the judge that I was forfeiting my rights as a mother and my parents would have received full custody at that time. Luckily, a counselor was willing to drive me the 3 hours home to appear in court. Because my parents had hired a very expensive lawyer, my son's father's parents sacrificed money they did not have on a lawyer to fight for me and my baby's father. It was one of the worst days of my life, but by the end of hours of everyone arguing and me not knowing what was going on because I wasnt able to afford my own lawyer, therefore I was in the dark throughout the whole hearing, my parents along with my son's father's parents both received temporary custody of my son and attached a long list of personal restrictions put on his Dad and I, in which I was unaware would bring its own kind of hell for us. The restrictions included a few rules such as: Neither his father nor I were ever allowed to be alone with our son without our parents present, and we were also not allowed to drive our son ANYWHERE alone. Ever. And those were just a few. These stipulations made it so my parents basically did have full custody of my son. They may as well have. Well...my son is now 2 and a half years of age. His Father and I have both completely turned our lives around. We both have really good jobs and are living healthy, successful lives. We have let the custody agreements stand and have dealt with the consequences our actions in the past had caused. We are no longer together as a couple, but we are ready to be our son's parents again. We have worked hard and earned it. My question in all of this is how do we go about getting the temporary custody and restrictions evoked at this time? What all needs to be done? Do we need to hire attorneys again? Do we need to go before a judge? Are their particular forms we need to fill out? I have been researching this but I am still very confused as to which route to take and where to start. Also, my other concern was, what if my mother who has been the one behind all of this from the start, fights this request? What would need to happen? Also, if the other three guardians agreed to evoking the temp. custody at this time and my mother was the only one against it, would the three other guardians outweigh her in this? Thank you for your help. I hope to gain some insight one way or another and I am willing to do whatever possible to get my son back.
 
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LdiJ

Senior Member
I know that this is not what you want to hear, but your situation is complicated enough that you will really need an attorney. You and your son's father will likely each need your own attorney.
 
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Akrejci30

Member
I know that this is not what you want to hear, but your situation is complicated enough that you will really need an attorney. You and your son's father will likely each need your own attorney.
That is what I am afraid of because I am raising my son as of now (well as much as I am able) under my parent's roof and I do not receive child support so money is extremely tight.
 

Akrejci30

Member
I know that this is not what you want to hear, but your situation is complicated enough that you will really need an attorney. You and your son's father will likely each need your own attorney.
Maybe I can try to figure out a way to get a lawyer that will assist with situations like mine. That is my hope. Thank you for your insight. I do greatly appreciate it.
 

stealth2

Under the Radar Member
I agree with LDi - you will need an attorney.

(p.s. you aren't revoking anything - you are seeking to change custody. Two different things.)
 

HRZ

Senior Member
Just as an aside , I would think it reasonable that each of the bio parents be ordered to pay support for thier child to those providers of the actual custodial care ?
 

LdiJ

Senior Member
Just as an aside , I would think it reasonable that each of the bio parents be ordered to pay support for thier child to those providers of the actual custodial care ?
Well, it does sound like mom is living in the grandparent's home as well, providing most of the care for her child.
 

Ohiogal

Queen Bee
Well, it does sound like mom is living in the grandparent's home as well, providing most of the care for her child.
Wrong... She said she was providing "as much as I am able" which may be very little. How do you read that as MOST?
 

commentator

Senior Member
I would question whether someone who in 2 or less years has "completely turned our lives around" and living healthy successful lives, yet is still living with her parents, and can't afford an attorney. It appears that the child's parents had gotten into what sounds like serious substance abuse issues (just from a distance here, in spite of the euphemisms, sounds like they were in drug and alcohol rehab, and possibly there were serious care issue incidents that were the reason this person and her boyfriend completely lost ability to be alone with their child). Having worked with addiction issues, I understand that what she has accomplished to this point is commendable, but from the sound of it, there's not quite an "all problems are over and all is forgiven" situation here yet.

I think at the least this OP needs to complete turning her life around and get in the financial situation where she can afford a lawyer. I do not understand why she can so easily excuse that she doesn't have money for an attorney because "I do not receive child support" when it sounds like she has both a place to live and care for her child while she is working. Since it might really cause a problem if she takes her parents to court, she might need another place to live and an attorney to seek this custody change.
 

not2cleverRed

Obvious Observer
Well, it does sound like mom is living in the grandparent's home as well, providing most of the care for her child.
Reread the original post.

She is not allowed to be alone with the child without a grandparent being present.

She is not allowed to drive her son anywhere alone.

I fail to see how she is providing much care at all. And since she complains about not getting child support, she's probably not paying child support.

I agree with commentator. OP needs to work on things gradually. She does not seem to be taking ownership of the situation that she created.

P.S. I also wonder what OP has misrepresented in her epistle, if she doesn't know the difference between "revoke" and "evoke".
 

xylene

Senior Member
Yes, a typo should damn her. :rolleyes:

Also: why is revoke not acceptable?

"I would like the court to revoke this temporary custody order."
 

stealth2

Under the Radar Member
Also: why is revoke not acceptable?

"I would like the court to revoke this temporary custody order."
Revoke implies (to me, anyway) a voluntary situation. As for whether "evoke" was a typo? I considered that, until it was used more than once. Even looked it up to ensure there wasn't an obscure meaning that fit the situation.

I would question whether someone who in 2 or less years has "completely turned our lives around" and living healthy successful lives, yet is still living with her parents
On the flip side, I could see moving in with my parents under these circumstances, as it would afford me the opportunity to spend more time with my child. But.... I would expect it to be a temporary situation, allowing me the ability to work, earn and save, as a step towards getting a place of my own and regaining custody. And the opportunity for my parents to see that I had, in fact and deed, cleaned up my act.
 

not2cleverRed

Obvious Observer
Yes, a typo should damn her. :rolleyes:

Also: why is revoke not acceptable?

"I would like the court to revoke this temporary custody order."
I would like to know why you think "evoke" is acceptable.

She not trying to elicit or draw forth the Temporary Guardianship order, she wants it terminated, i.e. revoked. One time, it's a typo, and I get that. Hey, I didn't intend to type "beast interests" earlier this week. But when you use the wrong word the same way *3* times in a post, I have to think it's not a typo, you just don't know what's the correct word.

And, given OP's display of legal knowledge, I question whether OP's description of her legal situation is accurate.

She has to be patient and prove herself if she wants to regain physical custody of her child. Baby steps of proving herself. Right now, she's just thinking of herself, and repossessing the child because gosh darn it, that child is hers. She could start by seeking to have some of the restrictions on her reduced.
 

xylene

Senior Member
I would like to know why you think "evoke" is acceptable.
I had no problem understanding the OP's meaning despite the inconsequential error.

In this world of 'helpful' computers, errors propagate.

And if she is misusing a word, I still have no problem comprehending the meaning and the goal that she has in mind.
 

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