The guardianship paperwork stated a specific date (November 2007) when I was supposed to get my son back but upon returning home, my mom refused to return him.
Juvenile Law Attorney
Thanks for your service. In response to your question, the answer depends upon whether your mother will agree to the termination of the guardianship.
If she opposes your request, you can petition the court to terminate the guardianship. In that scenario, a trial usually ensues and a judge decides whether the need for a guardianship remains or whether there has been a change of circumstances warranting the termination of the guardianship and returning custody of your son to you.
If your mother is in agreement with your request, then either you or she can petition the court for the termination with the consent of the other. Obviously, this latter scenario is much simpler.
If your mother is not in agreement with your request, I would recommend retaining an attorney who knows what he or she is doing in this area of law.
Best of luck,
Paul A. Swiller, Esq.
1901 1st Ave., Second Fl.
San Diego, CA 92101
Tel: (619) 794-2018
Fax: (619) 235-4595
3 lawyers agree
Both counsel have given you good responses. We are also assuming you formally gave guardianship (through the court) to your mom. If that is not the case, please elaborate.
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