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Legal Guardianship

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MCP2214

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

My husband and I are the court-appointed legal co-guardians of our nephew by his sister. The guardianship was voluntarily and at the request of the parents. Now the parents are wanting the child back. They are wanting to terminate our guardianship and take the child back to Arizona, but they have not done it yet. We know that they are unable to appropriately provide for the child and eventually DHS will become involved. Is there anything that we can do to prevent this from happening?

They are also calling and threatening to file kidnapping charges against us and harrassing us with vulgar language. Is there anything that we can do to make this stop? I want to know what our rights are as a guardian so that we may protect this child and ourselves.
 
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seniorjudge

Senior Member
Q: Is there anything that we can do to prevent this from happening?

A: Yes. Hire a lawyer to fight the dissolution of guardianship action they will file in the current court case.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Oklahoma

My husband and I are the court-appointed legal guardians of our nephew by his sister. The guardianship was voluntarily and at the request of the parents. Now the parents are wanting the child back. We know that they are unable to appropriately provide for the child and eventually DHS will become involved. Is there anything that we can do to prevent this from happening? They are also calling and threatening to file kidnapping charges against us and harrassing us with vulgar language. Is there anything that we can do to make this stop? I want to know what our rights are as a guardian so that I may protect this child.

They have the right to revoke a guardianship that was given voluntarily. They do however need to file in court to revoke the guardianship and you can fight against it being revoked, but you had better have hard, cold evidence, from outside sources, that they are not fit, because they have constitutional rights and you do not.
 

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