My spouse & I are going to retain a lawyer Tuesday. We are going to refile a petition to "terminate guardianship". My question is . What should I ask our lawyer to do for us beside asking for court ordered scheduled visits. In case our petition gets denied. We have completed all that was asked of the courts since we originally filed. We need the courts to realize that the ward does not live with the court appointed guardian. She lives with some one the courts deemed unfit and denied guardianship to on 2 different occasions. That the ward was taken out of the state, since returned, & is a convicted felon.
I'm sure the guardian will say that the ward does live with her which is a lie. She does not claim her on federal taxes, the unfit person does. Do we have a right to discover the truth?
yes, you have an absolute right to the truth if you think the ward is lying then gather evidence of where he or she lives that will help. take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Family Law Attorney
Sounds like you have an attorney. If you don't have faith in your attorney, and more important, if your attorney does not practice regularly in guardianship court, you need a new attorney. Hiring a private investigator might be an option. Other discovery can be done. The parental preference is strong in guardianship court. If you are fit, it is difficult for you NOT to be able to terminate a guardianship.
Personal Injury Lawyer
You will need to prove each and every one of your allegations above. If you are retaining counsel, follow their advice. And Ms. Kunin is right that you will want to make sure the lawyer you are retaining is experienced in guardianship court. There are many attorneys who practice on a regular basis in this area of law. I am not one of them. I think Ms. Kunin is one of them.