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

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



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

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

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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 given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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