My 2 boys were taken from the state when they were little and guardianship was given to my ex in laws. And their mother my ex passed away at the same time. The boys are now 15,11. They live in Idaho and I moved to Oregon this last year. My boys visit me and want to live with me and I have gotten my life straightened out and feel like I can raise them now. How do I get guardianship of my boys back? I'm limited on finances to get attorney.
The proper procedure will be to terminate the guardianship. Be aware that you will bear the burden of proof that doing so is in the best interests of your children and Idaho courts typically consider continuity and stability to be very important factors in determining best interests. To optimize your result, retain the best/most experienced family attorney that you can affore who practices regularly in the court that granted the guardianship.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Go to the court where the guardianship matter was filed and where your boys were "given", or where custody was granted, to your ex in laws. Make your case to that probate judge. Good luck.
You will need to petition to terminate the existing guardianship (in favor of your ex in-laws). An attorney would be a big help for you in this process, so you might see if you can get some estimates from some local family law attorneys. Absent that, I've included a link below to the Idaho court assistance office which may be able to provide you some assistance if you choose to represent yourself. You might also check to see if you could qualify for legal assistance from the Oregon or Idaho State Bar volunteer lawyers programs or from a legal aid office.
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