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Both my sons mother and i signed over temp guardianship to her mother. How can i get guardianship back.

Anderson, IN |

I signed over guardianship due to losing job. I now have a secure stable job and have lived in the same house for almost 2 years. My childs mother is a convicted felon. She is unemployed and has medical problems involving seizures. She lives with her mother and our child but has moved 6 times in the past two years. The child is almoat 9 years old. How can i get gaurdianship back? We both pay her mother child support and i am current in support. Also every weekend i pick him up he is never with gaurdian. He is always staying at their familys friends house Im not sure if that matters or not

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Attorney answers 4


You need to consult with an attorney in your area for assistance.

However, when the guardianship was established, there were probably some specific reasons set forth for the need of the guardianship. In order to terminate the guardianship, you will need to prove to the Court (if this matter is contested) that those reasons are no longer in issue. In some cases, this can be very difficult and, as such, a competent family law attorney should be consulted and, if possible, retained.

In addition, you should start, if you have not already, developing a journal in which you keep detailed notes about all aspects of your interaction with the children, the interaction of the guardians and/or any other relevant information. This journal will be a valuable tool for your attorney and to be used at trial (the termination hearing on the guardianship).

Further, it would be helpful if you start securing other "evidence," which you can use at trial. Once again, a family law attorney can help you with all of these matters.

I hope this helps.


Hire an attorney, file a petition to terminate the guardianship. At the hearing submit evidence showing that you having custody is in your son's best interests.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.


You may petition for termination of the guardianship at any time. However, you should engage professional legal counsel for this purpose to ensure you take all appropriate steps, such as notices, home study, etc. If you wish to engage my services, please call for an appointment. In any case, good luck!
veRONIca jarnagin, atty, pc

veRONIca jarnagin, atty, pc 317-253-7664 provides this response as general guidance and not specific legal advice. If you wish to receive specific legal advice for your situation, please call to schedule an appointment.


It depends on if present guardian has a temporary or permanent guardianship. If she has a temporary guardianship you will need to file a motion seeking to rescind the temporary guardianship based on the current situation. If she has a permanent guardianship you will need to also file a motion to justify why the court should change guardianship to you.

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