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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33191
Experience:  Attorney with 15 years experience
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I have guardianship of a 8yr old child. His father gave it

Customer Question

I have guardianship of a 8yr old child. His father gave it to me when the child was 4 before the child was in my home as a foster child for almost 2 years. He sees his father on weekends but I fear he is not capable of fulltime care. He is taking me back to court to terminate guardianship what can I do
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
He father is a convicted sex offender before the child was born he was released from prison in 2001
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..If this was a voluntary guardianship, then it would be a temporary guardianship as a matter of law if the father has never had his parental rights terminated. .So your recourse here to fight any termination is to argue that it is in the "best interests of the child" to remain with you and focus on any problems that the father has. Be it housing problems, income problems, mental issues or substance abuse issues, you kind of have to play dirty and point anything bad out about the father so as to make him look like he is not a competent parent. You want to convince the judge that the father is not capable of being the sole custodial parent and you have established a stable and nurturing environment where the child is thriving and if he is removed, it would be emotionally, physically, and psychologically traumatizing for the child..If you don't have a family law attorney representing you, the you need to either hire one or contact your local Legal Aid office to see if they can represent you or direct you to a low or no cost attorney to help. This isn't a fight that you want to go into without an attorney...thanksBarrister