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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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Have guardianship of 16 yr old placed by DCFS with us at age

Customer Question

Have guardianship of 16 yr old placed by DCFS with us at age 5. She wants to live with birth father. Birth father voluntarily gave over guardianship to protect her from abusive mother he was divorced from. He was truck driver gone 3-6 weeks at a time. Should he seek to recind guardianship or could she apply for emancipation (she qualifies for it)?
Submitted: 6 years ago.
Category: Family Law
Expert:  Tina replied 6 years ago.
Thank you for contacting our JA team for guidance.

The father needs to file a petition with the court to terminate the guardianship order. In the alternative, his daughter would need to seek emancipation of she does in fact qualify for that.

In either case, the court will need to find that it is in the best interests of the child. If there is any question whether she would be emancipated under the law (usually the child must be self supporting and not living with a guardian or parent), then the petition to terminate guardianship and an order of temporary custody would be appropriate.

The state and local bar associations can provide the father with attorney referrals.

Please let me know if you need clarification by pressing the "Reply" button. If you press "Relist", I will not be notified that you have requested my assistance.

Best regards XXXXX XXXXX

Tina G


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