How do we let Family court know we are fit and able to care for our child and regain custody? Been fighting for child for yrs.

Asked 10 months ago - Las Vegas, NV

Parents had drug problems in the past, both have been clean for over 4 yrs. Both are stable with home and work, and have tried to file for custody, only to run into obstacles. It is the best interest of child to live with parents, child does not even live with family, although guardianship was awarded to half sister. Half sister keeps fighting the parents every time parents file Term. of Guardianship. Refuses to relinquish child to natural parent and prefers to have child living with non family. What can be done for parents to get their child back? What can parents file to let Judge know that it is "in the best interest of child" to remove her from where she is at at and reunite her with her parents, which is a safer and a better environment for the child. We are at a loss.

Attorney answers (2)

  1. Jill K. Whitbeck

    Contributor Level 18

    7

    Lawyers agree

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    chosen by asker

    Answered . The way to end the guardianship is through a termination of that guardianship. There is no other way. It is impossible to advise further without knowing your precise facts, which you cannot adequately put in this forum. Take all your paperwork to an attorney for a consultation to figure out how to best proceed. If you have sufficient evidence of being a fit parent, with a stable and safe household, the court is required to terminate the guardianship and give you back your child as parental rights are paramount.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  2. Keith Pickard

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Ms Whitbeck is correct. You need to terminate the guardianship, and an attorney will be better able to accomplish this goal. But as this is very fact specific, it's impossible to adequately answer your question here.

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