What is probate guardianship and if I give this to the grandparents can I get guardianship back with an open CPS case
There are two types of guardianships. One guardianship is ordered through the probate court, where generally a family member petitions the court to become the guardian of a minor. In this type of case, the biological parents retain their parental rights and may petition the court to terminate the guardianship when the bio parents have a significant change in their circumstances. Once the parents are in a position to have custody of their child, they can always petition the court for the return of the minor.
The second guardianship is obtained through Juvenile Dependency Court.. The minor is a ward of the court. The social worker would do an initial background check of the family member who is seeking guardianship. If that individual meets the requirements, the juvenile dependency court would grant an order establishing the guardianship. The parents' rights are not terminated. The parent(s) may also requests to terminate the guardianship when the parent has complied with the Agency's case plan, which details what the parents must do to have the child returned. Keep in mind, if there are other children in the CPS system, the requirements to have custody of the child are dictated by strict time requirements and the age of the minor. If the requirements/case plan are not meet in a timely manner, CPS, may proceed to terminate parental rights and place the minor for adoption.
These are two different proceedings which result in the guardianship of the minor. However, the CPS process has very stringent rules that must be complied with within a certain period of time before the minor is returned to the parent.
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This appears to be a duplicate post. Guardianships can be very complicated. You should schedule a consult with an attorney that handles these matters in your area.
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