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What will my daughter have to do/prove to the court to have a legal guardianship of her son, my grandson reversed.

West Jordan, UT |

I am the legal guardian of my grandson, my daughter voluntarily signed guardianship papers and a Judge signed the order. My daughter now realizez that she can no longer mooch off of the Welfare system and wants her son back. She has no employment, no residence, no nothing, she is a terrible parent. I know everyone in my shoes says that, but this girl was not meant to be a mother. So the question is, what would she have to show the court to have them terminate my Guardianship?

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Attorney answers 3

Posted

Part of any good answer to your question would require knowing how long ago the guardianship was created by the Court. Without knowing that, and simply as some general thoughts, your daughter likely retains the ability to petition the Court for modification and/or termination of the guardianship. Her success on that front would include overcoming some of the factual challenges that you've identified.

The good news for you is that the Court has already determined that your appointment as guardian is within your grandchild's best interests. In my experience, courts are not always quick to reach that conclusion and will look for virtually any responsible way to keep a parent-child relationship intact. I have a difficult time seeing the Court alter its feelings about the situation unless your daughter presents some pretty compelling evidence that the environment she can now provide is remarkably better.

If it is particular circumstances or an evidentiary burden that you're trying to hunt down, take some time to visit with a local guardianship attorney. Best of luck.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

Asker

Posted

Thank you for your view, The guardianship is only 1 month old, I have kept and continue to keep detailed journals when it comes to my conversations and dealings with my daughter. 1 note is a quote from her. " Dad, I would rather be out there homeless with my boyfriend, than be here with my son". also a documented suicide attempt after she left my residence, which she refused the help of EMS services.

Posted

The answer of attorney Thomas is a good one. May I add a couple of thoughts to his? If your daughter has little or no money, she'll have a hard time finding an attorney to represent her in reversing the guardianship. She might qualify for "free" legal representation from an organization such as "Legal Aid", but such organizations screen new cases carefully to preserve their limited resources and not use the resources on representing people who don't really have a meritorious case. To convince Legal Aid to represent her, your daughter would need to show that that the process where she consented to guardianship was flawed (i.e., someone lied to her about the consequences of her giving consent). Also, if she retained the power to revoke her consent to the guardianship (many daughters in this situation do just that), then the Court would not automatically revoke the guardianship. Rather, the Court would want credible evidence that her care for the child would be better for the child than your care. That's basically how it works. Good luck.

Posted

Another issue that may cut in your favor is how long has your grandchild been living with you. What controls is "best interests of the child" here in California and I would expect that would be the case in UT as well. If the grandchild has lived with you for 5 years, they are not going to let Mom waltz in with no job or money and take him away. If it is three months, even so, the Court found it in the best interest of the boy to be with you. She would have an uphill battle. I would wait to see if she ever comes up with papers in court to do anything but you might want to consult with the attorney who helped you with the Guardianship to verify what UT law is here.

If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.

Asker

Posted

Thank you for your view. My grandson is 20 months old, and has resided with me since birth. His mother resided in the same household for 16 months, until she told me "I would rather be out there homeless with Jason, boyfriend, than be here" so I asked her to sign Guardianship papers, which her and baby's father both signed voluntarily, I gave her some pocket money and told her good luck. Then she left with boyfriend.

Eliz C A Johnson

Eliz C A Johnson

Posted

The longer she stays away, the better for you. Is it for permanent guardianship or temporary? If she was so willing to be anywhere but there with the baby, she will not be an attractive place for placement. How long ago did she leave?

Eliz C A Johnson

Eliz C A Johnson

Posted

Oh, and is she wanting back now or are you just wondering 'what if'?

Asker

Posted

It is a Permanant Guardianship,, signed by Judge on 4/20/2011,, I am so concerned about it due to her making threats towards me when I am not cordial to her. I get quite angry at her because she is one "drama" after another.. She will make statements like " I'm gonna get my own apartment, get my son back, and your never going to see him again".

Eliz C A Johnson

Eliz C A Johnson

Posted

Permanent guardianship means she does not get to have a fit and come in and threaten to take the child away. She has a lot of hurdles to convince a court to reverse its prior judgment. Make a log of all the threats and inappropriate [not annoying] behavior. Do you let her visit the child? Is this when she goes off on you? You control those visits. Did the Court give her anything in visitation?

Asker

Posted

Thats a relief.. I do keep a "Journal" of my dealings with her. As far as visitation, the courts didn't address the issue, but, she is allowed to come to my house anytime to see her son. She comes by about 3 times a month, usually seeing her son is the secondary reason for coming though. She still has most of her belongings at my house, so she will stop by to pick things up, maybe take a shower, get something to eat, complain about how bad she has it in life, etc.. These visits usually happen while I am at work and my Wife is at home. There is not much "love" between her and I. The threats happen when I answer the phone and it is her calling to talk to her mother, if my wife is resting I won't disturb her, and the daughter doesn't like that I won't drop everything and cater to her wants, or listen to her drama, or drive somewhere to pick up or drop off some of her property. So when she calls later and does get to talk to my wife, she will make the comments about getting her son back and not allowing me to ever see him again. thank you so much for your insight, it really does help.

Eliz C A Johnson

Eliz C A Johnson

Posted

You really should talk to a Utah attorney though. I practice in California and what works here may not there. Best to you.

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