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Can bio-parents file abandonment charges against guardian who does not care for child (ward). And ward lives with non family?

Las Vegas, NV |

Guardian does not and has never had the child (ward) live with her, but has legal paper for guardianship.
Child (ward) actually lives with 3rd party, whom the Judge deemed unfit twice over for criminal and drug, weapon charges. Guardian lies in court and states that child does live with her, but 3rd party files federal taxes on child. Biological parent are trying to get custody of child back, but every time in court guardian lies and makes child say things that are not true. Child is afraid to go against guardian, How do we let the Judge know this and what can be done for the truth to come out. Guardian is the wards half sister. Bio-parent have been trying to regain custody for 2 yrs, only to keep hitting road blocks because of the lies from guardian. Time is keeping us from our child.

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Attorney answers 2

Best Answer
Posted

This sounds very complex, and it appears you are having difficultly acquiring the evidence you need to prove your case. Keep in mind that your case is not about proving the guardian unfit, but about proving yourself as fit so the guardianship ends. You have to get a lawyer. After two years, it does not appear you are going to be able to do this on your own.

Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

Posted

I agree with Ms. Whitbeck. These are always fact-intensive cases and you would do well to have an attorney working for you. The judge must look at numerous factors in assessing the "best interests of the child" and the attorney will know best how to present those - and rebut the arguments of the guardian. And the more times you try to terminate the guardianship the more it will look like desperation. An attorney is usually worth their weight in these sorts of matters.

Asker

Posted

It's true we are desperately trying to get our child out of the hands of non family, and at what point will the court see that it "is the best interest of the child" to live with bio-parents, We have done all the courts ask of us and have all means to care for child properly. Including a loving and safe environment. We've have only file a Term. of guardianship one time, which was denied, until therapy for the child is complete, which the guardian is neglecting.

Keith Pickard

Keith Pickard

Posted

Just remember, the judge is trying to look at this from the neutral position of the child. You have to show that the change is in the child's interest, not just your own. There are many instances where a child does better with non-family than they do their own, so this, on it's face, is not grounds to make a change. The court is also charged with trying to maintain consistency in the child's life, so radical changes are discouraged. You have to demonstrate that the guardian's actions, combined with your recovery, is enough to make the change. You should expect it to be an uphill climb.

Asker

Posted

Thank you for the input, it did open my eyes wider. Yes, it is best for the child to be removed from where she is living at the moment and should be placed with us bio-parents. This has been an up hill climb for sure. Does it make any difference that I am American Indian, I know there are ICWA laws that say the child needs to be placed with Am. Indian parent, regardless of time. I have Federal Statue numbers that I hope the lawyer that I plan to see can help with. Are you aware of the Indian Child Welfare Act? Also Do I have the right of "Parental Preference Rule" of "Parental Rights doctrine"? as to where my child is placed, since the guardian does not care for my child or have physical custody, and where she is living the judge denied guardian 2x's over for that person to have my child.

Keith Pickard

Keith Pickard

Posted

Yes, I'm aware of the ICWA but I don't practice in that area at all. Your best bet would be to search attorneys for that specific area and talk to them. It could make a difference.

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