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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33710
Experience:  Attorney with 15 years experience
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I need a family law attorney to answer a question. I became

Customer Question

I need a family law attorney to answer a question. I became a permanent legal guardian to a child in 2011. In retrospect, I should have gotten legal counsel prior to assuming the guardianship because I had no idea what it entailed. Basically, I was railroaded but it is my fault for being ignorant. This child has been nothing but trouble for 4 1/2 years. She is destructive, she lies, she steals, and has caused nothing but turmoil in our lives and I have had enough of her. She has had love, guidance, counseling, and all of the things she needs but no amount of what we have given her has made a difference in her behavior. I need to know how to go about terminating my permanent legal guardianship. I have found a family who is willing to take her because it is their "calling" to help troubled children. The parents are taking all the coursework to be foster parents and should be finished within two months. This is a far better scenario than putting her in a group home, which was my only other alternative because her bio family doesn't want her, either. She is temporarily staying with this family to see if they can handle her, and so far, everything is going well. They live in another state, and I don't know what kind of implications this can have, either. I read my guardianship paperwork carefully and it says nothing about her not being able to leave the state or stay with someone else as long as I notify the court, which I have done. I would love to have her stay with this family permanently, but I don't know what I need to do to make that happen. Please help! Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Since you have been appointed by a judge to be permanent guardian, only a judge can terminate your guardianship over the child. So you would have to file a formal petition to resign from the position. This is covered under FL Statutes 744.467.

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744.467 Resignation of guardian.—A guardian may resign and be relieved of his or her duties after the notice that the court may require and notice to the surety on his or her bond. Before entering an order discharging a guardian of the property, the court shall require the guardian to file a true and correct final report of his or her guardianship and to deliver to the successor guardian all property of the ward, all records concerning the property of the ward or of the guardianship, and all money due to the ward from him or her. A guardian of the person must deliver to the successor guardian copies of all records of medical or personal care, prior to being discharged. Before entering the order, the court shall be satisfied that the interest of the ward will not be placed in jeopardy by the resignation. The acceptance of the resignation shall not exonerate the guardian or the guardian’s surety from any liability previously incurred.

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With that said, it is in the judge's discretion to determine whether or not to allow the resignation. So if the new family has completed their training and certification, it will go a long way towards the judge agreeing to allow you to resign.

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thanks

Barrister

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