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How Do I Terminate a Guardianship to Get my Kids Back?

How Do I Terminate a Guardianship to Get my Kids Back?

There may be a situation where, to regain custody of your child, you need to terminate guardianship. For instance, if grandparents can tell the child is not in a healthy environment because the parents are having marital problems or a parent is having substance abuse problems, the grandparents may request guardianship of the child. If the grandparents obtain guardianship, they will be able to make all the decisions in the child’s life. Then, if the parents find themselves in a stable relationship or with their substance abuse problem taken care of, they will want guardianship back. Then the parents will request a termination of guardianship. In such situations, the parents cannot just take the children back and be the legal guardians again. Guardianship is terminated when one of these things happen: The child turns 18 The child is adopted, marries, enters the military, or is declared an adult by court order The child dies before turning 18 The court ends the guardianship The first 3 things end the guardianship automatically. The last item requires a court order. Also, The party with guardianship to agree to terminate their own guardianship. If the guardian wants to resign, they have to show it would be in the child’s best interests to do so, and the court will appoint a new guardian. Guardianship can be terminated by the child if they are 12 years of age or older, the parents of the child, or the guardian. When appointing a new guardian, the court will consider: The child’s best interests. The person asking for termination of guardianship has to be able to prove that...
What is the difference between guardianship and adoption?

What is the difference between guardianship and adoption?

There are times when circumstances dictate that the care or custody of a child has to be the responsibility of somebody who is not that child’s parents. Often, this person is another family member – a grandparent, an older sibling, an aunt or uncle, and so forth – though sometimes this person is not related to the child. In general, there are two distinct possibilities when custody of a child is transferred away from that child’s parents and to another – Guardianship and Adoption. In an Adoption, a person or a couple takes over all parental rights and responsibilities for a child, replacing that child’s biological parents entirely. Legally, once an adoption has been finalized the child’s adoptive parents are premanently considered the child’s parents, and they are treated exactly as the child’s birth family. Custody, legal decisions, and inheritance are all treated exactly as they would be in any other family, and the court does not supervise or otherwise intervene in an adoptive parent’s relationship with their adopted child – unless there is some evidence of parental wrongdoing, which is handled the same way as it would be handled if the parents were biological. A guardianship, however, can be more complex. Like an adoption, in a guardianship a child is living with an adult who is not their biological parent, but this person is not legally considered a replacement for the child’s parents. Guardians are responsible for the care and well being of the children in their care, and are empowered by the court to make decisions regarding the best interests of the child, but often guardians are...