How do I terminate a guardianship to get my kids back?
When parents have marital problems and/or are addicted to drugs and alcohol, the grandparents may realize that the children are not in a healthy environment and request guardianship of the children. Guardianship gives the guardian the legal right to make decisions for the minor. Unlike adoption, guardianship can be terminated. Once the grandparents obtain guardianship of your children they are able to make all decisions concerning your children. Once you have received help and now have a stable relationship and are sober you may want to fight to regain child custody. In order to get your children back you will have to request a termination of guardianship.
Sometimes when the grandparents see that you have made changes and are now able to provide your children with a safe and healthy home environment they may agree to terminate guardianship and give your children back. Unfortunately, you cannot just take your children back and automatically have the legal right to make decisions for your children. It is important to hire a knowledgeable California family law attorney from WALLIN & KLARICH to assist you in terminating the guardianship.
In order to terminate the guardianship you must first file a Petition to Terminate Guardianship. If the guardian agrees to terminate the guardianship they can sign the Petition and consent to termination, but you still have to file the Petition with the court. Even if the guardian consents your legal rights are not automatically reinstated. Once the Petition to Terminate Guardianship is filed, the court will give you a court date to appear. There have been recent changes and every guardianship case must be heard before a judicial officer before the guardianship can be terminated. At the hearing the parents must prove to the court that it is in the best interests of the children for the guardianship to be terminated.
Petitioning to terminate guardianship can be a difficult process and can require you to present evidence of the changes you have made, programs you have attended, etc. Therefore, it is important to hire a Southern California family law lawyer at WALLIN & KLARICH to present your case to the court and present all relevant evidence to support termination of the guardianship. If the judicial officer does not feel that it is in the best interests of the children to be returned to the parents they can refuse to terminate the guardianship.
It is important to contact a WALLIN & KLARICH attorney today so you can protect your interests. WALLIN & KLARICH has over 30 years experience in this area so call 888-749-0034 today and make an appointment to meet with a WALLIN & KLARICH ATTORNEY. Also, visit us at www.wklaw.com