Can bio-parents file abandonment charges against guardian who does not care for child (ward). And ward lives with non family?

Asked 11 months ago - Las Vegas, NV

Guardian does not and has never had the child (ward) live with her, but has legal paper for guardianship.
Child (ward) actually lives with 3rd party, whom the Judge deemed unfit twice over for criminal and drug, weapon charges. Guardian lies in court and states that child does live with her, but 3rd party files federal taxes on child. Biological parent are trying to get custody of child back, but every time in court guardian lies and makes child say things that are not true. Child is afraid to go against guardian, How do we let the Judge know this and what can be done for the truth to come out. Guardian is the wards half sister. Bio-parent have been trying to regain custody for 2 yrs, only to keep hitting road blocks because of the lies from guardian. Time is keeping us from our child.

Attorney answers (2)

  1. Jill K. Whitbeck

    Contributor Level 18

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    Answered . This sounds very complex, and it appears you are having difficultly acquiring the evidence you need to prove your case. Keep in mind that your case is not about proving the guardian unfit, but about proving yourself as fit so the guardianship ends. You have to get a lawyer. After two years, it does not appear you are going to be able to do this on your own.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  2. Keith Pickard

    Pro

    Contributor Level 15

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    Answered . I agree with Ms. Whitbeck. These are always fact-intensive cases and you would do well to have an attorney working for you. The judge must look at numerous factors in assessing the "best interests of the child" and the attorney will know best how to present those - and rebut the arguments of the guardian. And the more times you try to terminate the guardianship the more it will look like desperation. An attorney is usually worth their weight in these sorts of matters.

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