Who has the right to reinstate guardianship once a Judge signed an ORDER TERMINATING WARDSHIP AND DISMISSAL OF PETITION?

Asked over 1 year ago - Las Vegas, NV

We are being told "Although the guardianship was terminated in 2009 (due to the guardian not filing annual reports) the guardianship was, in fact, reinstated due to DA office concerns. The guardianship is legally in place because the DA/CPS believed it was necessary". There are no records on file past 2009, the ORDER TERMINATING WARDSHIP AND DISMISSAL OF PETITION is the last record the courts have. Does this filed document mean that the guardian no longer has rights to the child? What petition would we as biological parent file to obtain custody our our natural child? Does DA/CPS have the power to reinstate the guardianship w/o going back into court before a Judge and should have the parents been notified? What are my options?

Attorney answers (1)

  1. Jill K. Whitbeck

    Contributor Level 18

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    Lawyer agrees

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    Answered . Whoever told you that the guardianship was reinstated needs to provide proof of that. The DA has no guardianship power, but CPS certainly does. There may be a dependency case open, and a guardianship was awarded through that case, rather than as a separate case. Or whoever is acting as guardian may simply be the current placement through CPS rather than officially a guardian. Just because a guardianship was terminated does not mean that the same people cannot go through other channels to get guardianship and/or custody. However, unless those claiming "guardianship" can provide you with legal documentation of their status, they have no claim to your child(ren).

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

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