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dkennedy
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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im trying to reopen a gaurdianship case i think it is a temp.

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im trying to reopen a gaurdianship case i think it is a temp. gaurdianship i need to know the forms needed to file and how to fill them out can some help?
Submitted: 1 year ago.
Category: Family Law
Expert:  dkennedy replied 1 year ago.

dkennedy :

Hello,

dkennedy :

Thanks for coming to Just Answer. Are you trying to contest a guardianship decision that was made a while ago? Please give me a few more details. I'll be standing by.

Customer:

ok my daughter's father had custody (Iwas in prison)this was in 2008 when i got out in 2009 he and his mother let me know that i had lost my parental roights(a lie )anyuway i continued to see her when ever i could and got tired of it in mid 20010 anfd informed her fathder that i was going to try to get custody or at least better court ordered visitation...he theninformed me that he wasn;t well (2005 while pregnant he was diagnosed with congestive heart failure due to his wild youth.they gave him 1yr. to live if he didn't quit drinking) so its now 2010 and she has given him the will to live longer then expected .well we descused it and decided that she would remain with him so she could have memories to remember him by ZAand not just pictures.the end 2010 the visits were less and less then in feb.2010 the contact stopped altogether so i went to his apt. he was moved asked the neghbors no one knew called no answer left messages no return calls then in the end of april i beleive it was april 24th 2010 i went on line to find him see if he had an e-mail facebook ,something ...His obturaury came up he'd been dead for 1 montgh .no one informed me no one called my son's and she was no where to be found the his mother had a restraining order so i couldn't go out there but i called and called and finally they returned my call 2 dys. before thanksgiving of 2012 bbut only to tell me i had no roite to visit unless they said i did as the had custody ...I did some court serching and found out thru her fathers fathher that the grandmother and step-grandfathher do not have cusyody but i believew he said temp. gaurdianship..

dkennedy :

I'm reviewing your information. Give me a few minutes. Didn't want you to think I was ignoring you!

Customer:

ok thanks

Customer:

ive filed custody papers as soon as i found out but didnt know where to send them and so i filed again only to find out i had wrong packet,i filed again and the papers were returned saying on the cover sheet writen by the clerk that the grandparents were dias missed as claiments ion 01/o07/09

dkennedy :

You need to find out if they really do have guardianship. I doubt that they do. If they LEGALLY did even a temporary guardianship, you would have had to be served personally with papers asking for the guardianship. My guess is that they have nothing but a piece of paper, perhaps that he signed when he was very sick. There would be no point in doing paperwork trying to fight the guardianship until you figure out if there really is one. Let me ask if you live in the same state as your daughter?

Customer:

yes i do but the natural grand father is the one who let me know about this guardiandship they say i abandoned her but thats a lie and i have the case # XXXXX its diffrent from the one i was filing on from when her father and i were going to court

Customer:

r u still there?

dkennedy :

Yes, I'm here. Do you have a guardianship case number? If so, they did it illegally, because you should have been notified and given the court date for you to show up and testify in court. The abandonment is for the judge to decide and no judge could decide that correctly if they went in behind your back and lied to the court about notifying you.

Customer:

well that is the fact in the case what forms do i need to file to reverse the gaurdianship and get my daughter?

dkennedy :

There are no specific forms to contest a guardianship, but you need to write to the court, using the correct court number that you found, and explain to the court that you were not notified at the time and want a chance to have a court hearing and prove that you did not give up your daughter.

Customer:

what judge do i write to and does the termination of gaurdiandship form apply?

Customer:

is there any free leagal aide that will go to court for me if so were?

dkennedy :

You would just address it to the court and they will direct it to the correct judge. This will be quite enough to alert the court that you are contesting the guardianship. Because there is no form specifically online or anywhere that I know of to contest a guardianship. Usually the lawyer just composes whatever needs to be said, depending on the situation.

dkennedy :

You could apply to get help from Legal Aid, or contact a women's support group in your area and ask if they have a list of attorneys that will work pro bono on behalf of women.

Customer:

there is a form called petition for termination of gaurdianship dose that apply

dkennedy :

Let me see if I can find it.

Customer:

itsform GC-255

dkennedy :

do you have a copy of it?

Customer:

YES

dkennedy :

Do you need further help to fill it out?

dkennedy :

Your main argument should be that you did not get notified and did not get a chance to answer originally when the guardianship was instituted.

Customer:

yes i can't make it out its so complicated and i know the last thing i want to do is fill it out wrong

dkennedy :

give me some of the questions and we'll answer them together. Let me try to look it up online.

dkennedy :

Okay, I got it. at the top you would put your name of course as the petitioner. Then, you need to put the address of the court you are sending it to. You would put down the guardianship of the "minor" not the estate, wherever it asks.

Customer:

ok

Customer:

let me know when you got it

dkennedy :

#3 asks who was appointed guardian of the minor, so you would put the grandparents name. I would put both, since you don't know exactly if one or both were appointed.

Customer:

ok...your the greatest for this really this could make all the diffrence in the world bless you

dkennedy :

I would be glad to go through more of the questions if you want.

dkennedy :

Where it says the reasons, i would type up how you were cut out of her life, and want to get custody of her so that you could be in her life.

dkennedy :

Be sure to check yes, where it says special notice and put the grandparents' names and address if you have it.

dkennedy :

List all the info that you have on the grandparents, put father's name and deceased next to his name.

dkennedy :

list any brothers and sisters.

Customer:

ok what about #1should i mark a and 3 and if so what should i put i mean should oit be that i wasn't informed or served or what?

dkennedy :

#1 asks the name of the child. and 3 is the names of the grandparents. Put your letter as attachment in #5.

Customer:

ok but i guess i ment 1-3

Customer:

wher it says other

dkennedy :

No, leave it blank. It has to do with guardian of the estate which doesn't apply to your situation.

Customer:

ok thanks

dkennedy :

What else?

Customer:

when will i be able to show the court evidence of the fillings for custody and such?

dkennedy :

They will set up a hearing, when you file your petition and letter.

dkennedy :

At that hearing, you can present evidence and bring in witnesses.

Customer:

the letter should it be detailed or short and to the point

dkennedy :

Short and to the point. Bring in the details when you come to court. Two points in your letter. You can and will be the appropriate parent/guardian for your own child, and secondly, you did not have a chance to present your case, because you were never notified of the guardianship.

Customer:

you've been such a big help your a god send for me i was lost on what to do thanks so much

dkennedy :

Come back anytime. Glad I could help and best of luck to you on this.

Customer:

thanks and happy new year

dkennedy :

Same to you!

dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

hello again i was trying to write the petitioln to terminate the gaurdianship and i am not sure what to include and what not to include can you just briefly explain what should and shouldnt be in a petition to terminate gaurdianship

Expert:  dkennedy replied 1 year ago.

Nice to talk to you again. You would want to put the same top part on the paper (called the caption) to make sure you are identifying the right case for the clerk and the court. Then you would say you want to terminate the guardianship for the following reasons: then list the various reasons (not needed, you are able to take charge now, etc. etc.) Then, at the end, you would again say you pray the court terminate the guardianship for the previously stated reasons. Then, sign it, and file the original with the court. Copies to all the other parties.

 

It doesn't have to be fancy or really detailed because they will certainly set a hearing where you will testify and have witnesses if you choose, as well as any evidence. Just make it short and put all your "points" in briefly to alert the court what you intend to present at the hearing.

Customer: replied 1 year ago.

can i please write you a sample letter and see if it is enough or too much?


 

Expert:  dkennedy replied 1 year ago.

Sure.

Customer: replied 1 year ago.

PETITION TO TERMINATE GAURDIANSHIP


CERECERUS-VS-WILSON


CASE # XXXXX


I AM REQUESTING TERMINATION OF GAURDIANSHIP FIRST,BECAUSE I AM THE MINORS ONLY PARENT AND IVE ALWAYS HAD INTSENTUONS OF REGAINING CUSTODY UPON THE DEATH OF HER FATHER,SOMETHING HE AND I DESCUSED ALOT,IVE NEVER HAD ANY INTENTION OF ABANDOING HER AND HAVE IN FACT I HAVE FILED FOR CUSTODY 3 TIMES SINCE HIS DEATH ON 03/22/2011,I WAS NEVER INFORMED OF HIS DEATH,ANDWAS NEVER EVEN IN FORMED OF THE GAURDIANSHIP SO I COULD NOT RESPOND AS IS MY LEAGAL RIGHT.

Expert:  dkennedy replied 1 year ago.

That sounds good, except I would list the items rather than in a "story" form.

1. I never abandoned the child

2. I was not informed of the child's father's death

3. I have been attempting to gain custody on at least 3 occasions.

4. I was never notified of this guardianship when filed.

5. I am fully capable of caring for my own child.

6. It would be in the best interest of the child to be with her own mother.

Customer: replied 1 year ago.

THANKS SO MUCH

Expert:  dkennedy replied 1 year ago.
You're welcome!
Customer: replied 1 year ago.

IS THERE ANY OTHER FORM I NEED TO FILE ?LIKE PROOF OF SERVICE OR ANY THING?


 

Expert:  dkennedy replied 1 year ago.

You should file a proof of serving the "other side". Normally you would just verify that you sent them the papers, but since this is a petition, make sure you file proof of service of the petition.

Customer: replied 1 year ago.

DO I HAVE HER SERVED FIRST OR DO I FILE ALL THE COPIES (IE..MINE,THERE'S ,AND THE COURTS)BEFOR I SERVE HER OR RATHER HAVE HER SERVED?

Expert:  dkennedy replied 1 year ago.
You file the original signed copy at the court and then have her served. Next, verify to the court that she was served. I use a private service, because it's cheap and reliable. They have their own forms. Or you can have the sheriff do it for a small fee. They have a form also showing when a person was served. Just file the form with the court.
Customer: replied 1 year ago.

what about service by mail?


 

Expert:  dkennedy replied 1 year ago.
You could usually send it certified and then take the proof of service to the courthouse. But, I would be super cautious and have it served personally.
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and other Family Law Specialists are ready to help you

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