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Kaylee016

Mother getting custody of her kids.

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My mother does not currently have custody of my sister and I. I am 16 and she is 14. I live with my aunt and uncle and she lives with her father, we are not happy living where we are now, although we are given what is required such as food, clothes and shelter. our mother was a drug addict and though it was in our best interest for us to choose a family member and she signed over guardianship to that person that we chose. she is now clean from the drugs, she has a job, she has a house, and she is financially stable, and is ready to get us back. we want to move in with her, but our current guardians are willing to fight for us to stay with them even though we don't want them to. what are the chances that the court will re-grant our mother custody of us?  How long will the court hearings last. like week months, or what? and finally will we have to keep living with our current guardians while the court hearings are going on?

 

p.s in our official court papers it says that we should be getting visitation with our mother that we are not currently getting because our current guardians don't allow us to do so. Also, my mother never terminated her parental rights, she just signed over for guardianship.

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If your mother wants to regain custody of you and your sister, she must file an action in the appropriate court to have your guardianships modified or terminated.  It's impossible for anyone here to guess what her chance of success might be since we (and possibly even you) don't know all the facts.  It might shock you to learn that, just as kids sometimes withhold information from their parents, grownups don't always tell their kids everything.  A local family law attorney can best advise your mother how Kentucky laws and judicial guidelines apply to her particular circumstances, and how to go about getting you and your sister back home.

 

Meanwhile, if your aunt and uncle and your sister's father are violating the terms of the guardianship orders by withholding court-ordered visitation, your mother's recourse is to file an enforcement action.  I can assure you that whatever your mother's chance of custody might be, the court will enforce its visitation order.  Again, your mother's attorney is the best person to advise her in the matter.  Good luck!

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My mother does not currently have custody of my sister and I. I am 16 and she is 14. I live with my aunt and uncle and she lives with her father, we are not happy living where we are now, although we are given what is required such as food, clothes and shelter. our mother was a drug addict and though it was in our best interest for us to choose a family member and she signed over guardianship to that person that we chose. she is now clean from the drugs, she has a job, she has a house, and she is financially stable, and is ready to get us back. we want to move in with her, but our current guardians are willing to fight for us to stay with them even though we don't want them to. what are the chances that the court will re-grant our mother custody of us?  How long will the court hearings last. like week months, or what? and finally will we have to keep living with our current guardians while the court hearings are going on?

 

p.s in our official court papers it says that we should be getting visitation with our mother that we are not currently getting because our current guardians don't allow us to do so. Also, my mother never terminated her parental rights, she just signed over for guardianship.

this is a legal matter between your mother and your guardians and not your legal concern. whatever the judge decides is where you live untill you and your sister are 18

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Hi Kaylee016,

 

I would suggest you and your mother read up on custody issues so you can fully understand what's currently going on -- and what to expect if your mom decides to try terminating the guardianship. She might also consider talking to a local family law attorney to help her determine her best course of action. Best of luck to you all!

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this is a legal matter between your mother and your guardians and not your legal concern. whatever the judge decides is where you live untill you and your sister are 18

im not trying to be rude, but it is all of my concern. it is my life that this is concerning.

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missingmyhubby, as ever, I think you'd be much better off focusing on whatever it is that's going on with you(rself), because I've yet to see you provide a single piece of relevant, useful or (most importantly) accurate practical or legal information along with your own personal observations.

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Kaylee,

"what are the chances that the court will re-grant our mother custody of us?"

A stranger wouldn't be in a position to even take a stab at a decent guess.  I'd like to think you all have a guardian ad litem (an attorney appointed by the court) representing your interests if your mother has an action underway to terminate the guardianship.

 

"How long will the court hearings last. like week months, or what?"

I'm afraid we can't know the answer to this either. 

 

"... and finally will we have to keep living with our current guardians while the court hearings are going on?"

 

That you've asked this question tells me that perhaps no action has been initiated by your mother.  Typically, the answer will be "yes".

 

"in our official court papers it says that we should be getting visitation with our mother that we are not currently getting because our current guardians don't allow us to do so."

Aunt-uncle aren't free to "allow" or "disallow".  If your aunt-uncle-whomever are ignoring a court order, it is/has been up to your mom to press the matter and, if need be, file an action asking the court to hold them in contempt for ignoring it.  (Technically speaking, there's a legal path by which you through your own attorney could also pursue, but you don't indicate ever having had your own guardian ad litem appointed by the court.)

 

We can't know whether someone was threatening your mother with X-Y-Z and that's why she didn't take the issue back to court or really assert herself.  As a practical matter, unlike Ted, I won't declare that a court "WILL" do/enforce X; while judges tend to dislike it when folks ignore court orders, we can't know what the aunt-uncle-father may say to manipulate the situation that will undermine or undercut whatever your mother says.  At any rate, judges are people, and people don't always follow the law or do what's right (or even what's correct).  
 

"Also, my mother never terminated her parental rights, she just signed over for guardianship."

Well, that'd be presumably so, given the mention of guardianship.

 

Report back as time allows, if you like.   I'd also feel free to point out to the guardians -- as politely as possible -- that if your mother were so bad off, she wouldn't have been allowed visitation, and they aren't exactly engendering warm and fuzzy feelings for them by denying visitation. 

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