How do i go about relinquishing guardianship/reinstating parental rights to birth parents

Asked over 5 years ago - Gypsum, KS

obtained guardianship several years ago of a minor child of which belonges to a close family friend. i am no longer able to care for child and the birth parents are. we would like to relinquish my guardianship and reinstate thier parental rights. can we legally do this.

Additional information

my mother has guardianship of my son and my boyfriend and i still have our parental rights asnd she wont let us see him

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . Nothing prevents the birth parents from filing a consent order with family court terminating your guardianship and restoring their parental rights. I recommend using a lawyer, since the original petition might contain factual statements about the parents' inability to raise the child, and there will be need to demonstrate to the court's satisfaction that the reasons stated are no longer valid. You can also submit an affidavit that you are no longer able to care for the child. You might find my legal guide on selecting and hiring a lawyer helpful.
    You might find my legal guide on Is it Legal? Is it Illegal? helpful.
    You might find my legal guide on the understanding the different court systems helpful.
    You might find my legal guide on legal terms used in litigation helpful.
    (Even if you are not filing a lawsuit this information can be useful).


    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

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