How do you give back guardianship to the birth mother/grandparents? Is this a court process like obtaining guardianship?

My husband and I obtained guardianship of my sisters child. My sister is mentally ill but doing well at this time and lives with our parents. Our parents would need to be able to step in and take care of my niece if my sister relapses. How do I go about getting my niece back into her mothers along with the grandparents care? Thanks much

Tucson, AZ -

Attorney Answers (1)

Michael J Corbin

Michael J Corbin

Family Law Attorney - Faribault, MN

You don't mention how you came to have guardianship. Was this a court-ordered guardianship, or was is informal? If there is a court order, then the mother will have to petition for the restoration of the child to her. Regardless, the parents will have to petition if they want any say over the issue.

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