When parents have marital problems or if they 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. So, how do I terminate a guardianship to get my kids back?
Once the grandparents obtain guardianship of your children, they are able to make all decisions concerning your children. The best thing you can do in this situation is get treatment for your actions and start building healthy relationships. Then, you may be able to regain child custody. In order to get your children back, you will have to request a termination of guardianship.
Termination of Guardianship in California
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 you custody of your children again. However, even if this is the case, 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 to assist you in terminating the guardianship.
In order to terminate the guardianship, your Riverside child custody attorney must first file a petition to terminate guardianship. If the guardian agrees to terminate guardianship, they can sign the petition and consent to termination, but your attorney will still have to file a 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 a 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.
Call the Riverside Family Law Attorneys at Wallin & Klarich
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 and any other proof that you are prepared to take care of your children. 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.
At Wallin & Klarich, our skilled and knowledgeable family law attorneys have been successfully helping our clients terminate guardianship for over 30 years. We can help you file a petition to terminate guardianship to the court and successfully regain child custody of your children. We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich child custody attorney available to help you no matter where you work or live.
Call us today at (888) 280-6839 for a free telephone consultation. We will be there when you call.