How can i get my daughter back from grandparents who have guardianship?

Asked over 3 years ago - Victorville, CA

I got arrested because my mom called the cops on me from out of state. i had a warrant for a traffic violation, she told them i was on drugs, so i was arrested for my warrant, child endargerment and possetion of a smoking device , what was a straw, drew at police station to check for drugs, witch was negative for anything, when i went to court they droped all charges but my traffic warant, while doing my time for that my grandmother came to visit me and begged me to sighn, what she told me was temporary guardianship to her, so she would be with family she knows and not cps, and once i was released and had stability again i would get her back from her. my grandmother who is a resident in ca andcant take care of herself so she sent her to az where my daughter stays with my mother 3 weeks out of the month, and comes out to ca 1 week because she is supposed to be in ca, now my grandmother is trying to give my mother guardianship, who is now saying she doesnt want me to have contact? what can i do 2 get her back

Attorney answers (2)

  1. Breanna Catherine Slattery

    Contributor Level 9

    Answered . The process involved in having your daughter return to living with you full time would depend on the terms of the Guardianship, what you exactly signed, and which government agencies are involved. The more involved the government is, such as CPS, the more involved the process will be for having your daughter returned.

    I would suggest speaking with the Family Law Facilitator at the courthouse where all the paperwork was filed. Once you know the terms of the Guardianship, you will be able to proceed with the termination or modification of the Guardianship. The process can be overwhelming and complex, so I would suggest meeting with an attorney familiar with this area of law.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Nadine Marie Jett

    Contributor Level 16

    Answered . Because you signed a Waiver agreeing to the Guardianship, it sounds like this is a Guardianship filed in the Probate Court. You indicate your Grandmother had you do this to avoid Child Protective Services, so it seems likely that CPS has/had very limited involvement. To get your child back, you must file a Petition to Terminate the Guardianship. This involves quite a few forms. Most of the Courts have self-help centers that will help you fill out these forms and get a Court date. You will be contacted by a Probate Investigator who then files a report for the Judge.
    You need to have your life together to be successful in terminating the Guardianship. You need to have a stable home life, i.e. adaquate living accomodations. You need to have a job, i.e. an ability to care for your child. You need to be drug and alcohol free. You need to have a clean criminal record. You should have a clean driving record and proof of insurance. In sum, you need to show you are responsible and ready to resume caring for a very young child. This is about the health, safety, and welfare of your child, not about your desires and wishes, or the fact that you miss her.
    If you are not contributing financially to your daughter, start. This is also important to show maturity and responsibility.
    Terminating a Guardianship is usually not a one Court Appearance deal. Usually, the Judge wants to be really sure that you have really changed your life, and that you will not disrupt this child's life, only to leave her sometime in the future.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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