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Momraringtogo

Guardianship Battle for two boys

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I am in a almost two year battle to vacate a guardianship of two of my children. The guardianship was granted without out my prior knowledge and now it's heck getting all parties to show up so the case can be heard. I am the biological mother, the father has completely washed his hands of the situation and was the one who gave the ok for the guardianship to proceed. He will not show up for court anytime he has been notified to show. The person who was awarded guardianship was once a close friend of mine but now that she is preventing me from seeing or talking to my boys we could never be friends after this. I have been trying to obtain an attorney but no one returns my calls and the free attorneys there is so many hoops to jump through just to get a consult with them. In the process of me trying to vacate the guardianship I am trying to get Court appointed visitation since that will probably be the only way I can see them. Where I need help is do I modify the guardianship to include visitation or do I have to petition the court seperatlelyfor visitation. Someone please help two years of this nonsense has been long enough. I need to get my kids before they think now I ran out on them permanently.

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It is not surprising that the attorneys have not returned your calls.  You need to call and make an appointment to meet the attorney.  Ask if you can have a free initial consultation.  If you can't have a free consultation you may need to pay for the attorney's time.  If you cannot pay for an attorney's fees then you may have to "go through hoops" to get a free attorney.

 

There was apparently some reason why a guardian was appointed for your children.  It may not be that simple a matter to have the guardianship terminated and the children returned to you.  Your case may require many hours of some attorney's time so you may need to figure out how to pay for it.

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But how do I get visitation with a guardianship in place. There was no abuse or neglect so I'm not sure why it would be so difficult. And can I say that it's custodial interference since she is preventing me from seeing or speaking to the kids which I am still allowed to do. 

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A guardian was apparently appointed for your children two years ago.  The appointed guardian was a friend, not a relative of you or the children.  The father, to whom you may or may not be married, doesn't seem to care.  You did not know the guardianship hearings were in progress. Your friend will not let you see the children and you are apparently only interested in getting visitation, not in terminating the guardianship.  You have been trying to have the matter heard for two years.but people don't show up for hearings so your case is never considered.

 

If you could explain those issues, starting with why the children are in a guardianship, maybe we can comment intelligentally.

 

The final question is, "if there was good reason to put the guardianship in place two years ago, what has changed that would cause a court to reconsider it's previous decision?"

 

 

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The children were with my previous friend while I dealt with and took care of responsibilities with my father she said would help me by taking the kids to school, Doctor visits etc. We at the time were living in upstate NY and my Daddy was in the city. I let the kids stay with here since the were enrolled in school as to not take them away from what they were used to. I then decided to stay in NYC since I also found better employment here. During this process she went to the courts seeking guardianship. Sent Court papers to my previous address as to why I wasn't informed. I asked that she returned the kids and she gave me a problem so I stopped by the family court in downtown Manhattan and they looked into the system and told me a guardianship was awarded to my then friend. After that I right away petitioned the court to vacate the guardianship. We were seen before the judge twice both times their father did not show. The third time I thought that I was able to be heard over the telephone but the judge dismissed it stating I should've been there in person. I am now trying to re-petition the court to vacate the guardianship. I have letters from counselors and other reputable people who can attest to the children being placed with me. 

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Since you have apparently tried to have your issue heard three times and were not successful, you might conclude that you don't know how to get the case before the court properly.  May I suggest you hire an attorney from the local area who knows how to get such things done.

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So the friend was essentially babysitting while you took care of your father. For how long? Where was their father? at some point you decided to take a job in the city and leave your kids with this friend. Why did the kids not come live with you then? Again, where was their father? Were you not in regular communication with this friend and your children? At the very least visiting regularly and making plans to move the kids to where you were now living and working?

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Exactly thank you. You got what I was saying. So there father has been out of the pictures since I was pregnant with my last son which is six years. I let them stay upstate because I wasn't sure how I was going to proceed with my father's apartment keep it or give it up. I decided to stay since I found a job the month after I buried my father. I was in regular communication but the friend neglected to tell me she had filed a petition for guardianship ( she sent all Court correspondence to my old address upstate where I no longer lived) their father through his attorney gave permission for the guardianship. Once u became settled I asked for the boys back and she said no. I then went to my local family court and spoke to someone from LIFT and that is when they found out she had been awarded guardianship. A week later is when I first petitioned the court to vacate the guardianship.

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So one way or another, the father has established paternity. He is not otherwise involved with the children. It is odd at best that no one was checking your mail, nor having it forwarded, and that despite regular contact with the children and friend, you had no idea she was seeking guardianship. In your regular phone calls with and visits to the children, it never came up? How did you address things like enrolling them in school, taking them to the doctor, etc.? It also is strange that the father's failure to show up at the hearings would mean the case wouldn't be heard. There is either a lot missing from this story or you misunderstand what is happening. You really do need a lawyer, even if you must pay for one, to assist you.

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Yes, I'm in the process of that now. As far as the family court in that County one of the clerks there told me over the phone that I need to try and get the case heard somewhere else because I would not be able to receive a far trial there. 

 

Yes the Guardian blindsided me but now I documented everything that's going on when I'm not able to talk to the kids when she changes plans next minute to prevent me and my other children from seeing my boys. Everything is documented 

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