How do I gain custody of my son if I had to sign full guardianship over to my mom because of military reasons?

Asked about 1 year ago - San Diego, CA

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.

Attorney answers (3)

  1. Paul Adam Swiller

    Contributor Level 9


    Lawyers agree

    Answered . Hi,

    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.
    Tot Law
    1901 1st Ave., Second Fl.
    San Diego, CA 92101
    Tel: (619) 794-2018
    Fax: (619) 235-4595

  2. Daniel Hernandez

    Contributor Level 11


    Lawyer agrees

    Answered . File the Petition for Termination of Guardianship (GC 255). Try the self-help center or hire an attorney.

  3. Charles Adam Shultz

    Contributor Level 19

    Answered . 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.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more

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