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Custody


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#1 myrambolt

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Posted 04 December 2012 - 08:39 AM

I signed over guardianship of my son. I have revoked the guardianship but the guardian is refusing to return my son stating I will have to go to court and prove to the judge I am fit to raise him. The guardianship that I signed did not have an end date. It just states under duration that it is binding until such time as I can show I can provide a healthy enviroment for my child. By healthy enviroment they meant be financially stable, etc..
I know that courts are sometimes back logged and from what I've read judges like to see parties settle things with the help of mediator to avoid a court hearing. Is that usually the case in cases of custody?

I was assured by Them I would not loose custody by grating them temporary guardianship and would not loose any rights but they are not grating me almost no rights to him.
What rights does a parent loose when they appoint someone guardianship? Can I still sign papers regarding my son, make educational, medical decisions. Do I have right to see my child at any time?

#2 pg1067

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Posted 04 December 2012 - 10:29 AM

I signed over guardianship of my son. I have revoked the guardianship


Since a guardianship can only exist by virtue of a court order, and since a guardianship can only be terminated/revoked by a court order, it is not clear what you mean by these statements. Did someone apply to the court for guardianship and you consented to the appointment of that person and the court granted the petition? If so, you can ask the court to terminate the guardianship, but you cannot terminate it yourself.


I know that courts are sometimes back logged and from what I've read judges like to see parties settle things with the help of mediator to avoid a court hearing. Is that usually the case in cases of custody?


I would assume you recognize that there are thousands of different courts in different locations in all 50 states in the U.S., and that each court does or may have a different way of handling things. Since you didn't identify your state -- much less the relevant county/court in your state -- we cannot possibly know what may happen (on top of the uncertainty mentioned in my first comments above).


I was assured by Them I would not loose custody by grating them temporary guardianship and would not loose any rights but they are not grating me almost no rights to him.


Who are "they"/"them"? If you're talking about the guardian, the guardian must allow whatever the court order provides for -- no more and no less.


What rights does a parent loose when they appoint someone guardianship?


As noted above, a parent cannot "appoint someone guardianship." If a court orders a guardianship, the parents effectively lose all rights (except as provided in the court's order), but those rights are subject to restoration upon termination of te guardianship.


Can I still sign papers regarding my son, make educational, medical decisions.


You can sign anything you like. What effect that might have will depend on what "papers" you're talking about. As far as educational and medical decisions, if a guardianship actually exists, such decisions are typically made by the guardian (otherwise, what would be the point of establishing the guardianship?).


Do I have right to see my child at any time?


Not likely, but what does the guardianship order say about you having a right to visitation?

#3 Guest_FindLaw_Amir_*

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Posted 14 December 2012 - 03:17 PM

To learn more about child custody matters, you may wish to visit the Family Law Center and read Child Custody as a good resource.




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