So I gave my son's grandparents guardianship a few years ago so that I could go to another state and get settled and make sure it was going to work out and save up money they have not been taking good care of him at all he is always sick and what topped it now is I have him for a visit and we are at families and caught him telling another child to touch his privates and he is almost 7 years old and still poops his pants regularly. I have asked him where he has learned the innapropriate behaviors and he told me his father and his wife... This isn't the first time this has happened the first time I just thought ok maybe if I addressed this it will be taken care of well then this happened... He is also being emotionally abused I believe as his behavior tells me he has also told me his poppy aka grandfather calls him stupid and an idiot I just want to know if I don't give him back will I get in trouble could I just leave with him... I'm currently living in another state and am back visiting and seeing him and family and I just don't feel comfortable letting him go back... His living situation is unsanitary for his health conditions also
I'm sorry your child is in such a sad situation. However, DO NOT keep him beyond the agreed time! If you have deep concerns for the grandparents' ability to take care of him, then either call Child Protection Services (we call it Dept of Human Services here) or file an action to terminate the guardianship in the county where the guardianship was granted years ago.
The above comments are provided for general reader information only, and are not intended to substitute for competent advice from an attorney well informed about the specific situation.
Guardianship is intended to be in place only for so long as it is in the best interest of the ward (the person who has a guardian under the court order), and no longer. If the guardian(s) is (are) not insuring that the ward is properly taken care of, an interested person my petition the court to terminate the guardianship, or change the guardian, so that the ward is receiving proper care. All of this needs to be done by petitioning the court for a change, not taking actions on your own outside of court. If the situation is dangerous or an emergency, the police or Department of Human Services should be called immediately.
All responses are offered for informational purposes only. This response does not constitute an attorney-client relationship. You should not rely on anything you read here to make decisions which impact your life. Meet with an attorney to obtain competent personal and professional guidance.
You cannot leave the state with your child. It sounds like there is a formal guardianship established in Iowa. This means that you must abide by the visitation schedule that is set forth in the Order Appointing Guardians. If you feel that the Guardianship should be terminated, you should file an Application to Terminate Guardianship with the Court in the County where the guardianship was established. You may also consider contacting the Department of Human Services if you feel that your child's legal guardians are neglecting your child's critical needs.
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