Skip to main content

How Do I get guardianship of my daughter back?

Hugoton, KS |

My ex and I signed temporary guardianship of my daughter to my father and stepmother back in 2007 for purpose of protection against my ex trying to get custody and also so she could have insurance. I moved out in early 2008 when I graduated school. My daughter is now 4 years old and I was asked to leave my dad's residence and wasn't allowed to take her with me.(which is why she's still there) I'm now 21, married, have another child and work in a public school with perfect hours that would prevent my child from being in an unstable routine. I have researched for the last two years and can't find anything telling me what EXACTLY guardianship means. We live in Kansas, also where guardianship was filed. I'm not allowed to take her ANYWHERE without my stepmother as a tagalong. Please help!

In addition to what I've already stated, I'm just looking for an answer on how to get her living with me, my husband and second daughter, and until it's dealt with, what are my limitations since my parents have the guardianship? Can I really not take her from my dad's home and go to the park? Or keep her at our home an hour and a half away for a weekend? What can happen if I take her without their permission...will I end up in jail?

Attorney Answers 1


Guardianship is granted by the court and can only be modified by the court.
Your answer lies in seeking the assistance of an experienced probate litigator to convince the court to restore your natural guardianship over the child. And that's that.

Mark as helpful




What's a probate litigator? So you're telling me that if the document states nothing of limitations then I can go get my daughter and my parents can do nothing about it? I want to make sure I'm covered here.

David L. Carrier

David L. Carrier


No! What I'm saying is that you cannot modify guardianship by yourself, you have to go to court to do that and the court has to OK it... A probate litigator is an attorney who specializes in duking things out in probate court...

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics