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How do I get my kids back when my parents have temporary guardianship and refuse to let me have them?

Oklahoma City, OK |

I signed over temporary guardianship of my children in Sept. 2007. The papers were through an attorney and signed by a judge. I signed the papers because I was checking myself into Drug Rehab and would be gone for 3 months. I never ended up going into the rehab in 07, however, I checked myself in in June 2010 have completed my rehab and been clean for a lil over 3 months now. Yes my parents have helped me tremendously, but I want my kids back,and they want to move in with me.My parents tell me I cannot have them back until I have a year clean,then they don't want them to change schools, i moved 45 miles away to get away from the people in the small town I am from. Can they do this? How do I get my children back with me, they both want to move with me, they are 11 and 14

Attorney Answers 1


You will need to go back to the Court that issued the guardianship and show that the condition that lead to needing the guardianship are no longer a concern.

Your parents do have a point that three months of sobriety after years of drug dependence is probably not enough to show you are capable of dealing with the kids 24/7. You will need to document your recovery with medical and or social work professionals at any rate, and the sooner you begin that process the sooner you will be able to move forward toward more contact with your children. Good luck -- you've managed a difficult task in getting off drugs, and with continued perseverance you have a good chance of getting your kids back -- hang in there!

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