Family Law Questions? Ask a Family Lawyer Online.
margie , thank you for waiting, it is difficult to setforth your rights with the little information I have about the situation. to make a determination. But recognize it is in your favor to retain custody of your child.
I do not know the circumstances which caused your child to have a special guardianship, However, when reviewing a guardianship determination the court requires proof of clean and convincing evidence. Recognize the issue before the court in a guardianship determination is not the fault of the national mother but rather it is whether the important and strong persumption in favor of the natural mother is clearly convincingly to overcome by evidence proving the child's best interest. The court will always look to the best interest of the child..
If you have gone through all the case plan requirements that would assist you with unification with your child then this would support your case. Also the fact that you are parenting one other child now should be looked at as well. You really need an attorney to help you with the process
However you can claim the evidence is insufficient to support the court's findings, the question would be did the Child Protective Services substantiate neglect on the your part, if so what have you done to rehab yourself. I hope this has helped if so click accept and you take care of yourelf.