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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115464
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is it an easy process for the "guardian" to resign from/terminate the guardiansh

Customer Question

Is it an easy process for the "guardian" to resign from/terminate the guardianship?
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Were you appointed as guardian by the court? If not how did you get guardianship?

Is there any other family that can take the children?
Customer: replied 4 years ago.
Ok....honestly...i was asking the question as if I were "the guardian". I'm the "tricked" parent, that wants full time custody of my children again. I have them right now because their aunt, "the guardian" called and told me that she just can't handle it anymore. And she asked if she could drop them off to me for a week or so, so here I am. Wondering if she can just relieve herself of the responsibility of "taking care of my kids"?
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your response and your honesty.

How was she awarded guardianship? Why was she awarded guardianship?

Those are the two things we need to know to tell you how easy or difficult it will be.
Customer: replied 4 years ago.
...I'm not sure if anyone has seen my posts about my babies being taken from me under false allegations...if you haven't...I'm gonna try to sum it up for you......On a weekend in mid-December, my ex-inlaws asked if my kids and I would come to their house to visit with their grandmother/great-gma when she came on her annual xmas visit/present giving. Me being the "stupid" person w/a heart that wasnt trying to keep my babies from their other family,agreed (only cuz their father is incarcerated for trying to kill me.) I didnt feel comfortable like always, but i thought my kids would be alright. Their aunt said as long as they were asleep, I could take off and hang out with some friends, so i did. The next day I got a message on facebook from another one of their aunts saying the kids were staying the night at her house, so i thought nothing of it. The next day they took my kids to the police department and said that i abandoned them. And they granted temporary guardianship w/a restraining order to his sister who has 6 kids of her own, and an open cps case already. I went to court on the 9th for the restraining order and they put it off til the 23rd which is the guardianship hearing. I haven't seen my babies since the 17th of December. So this christmas sucked for me. My first one without my mom and my babies. RIP to my momma Carol Lynn Morris.....Basically what im reaching for is "some help getting a lawyer" cuz I need my babies back. I have recently found out that their fathers new girlfriend has been orchestrating this all cuz he has a 5 yr restraining order on him, because he tried to kill me with my son Conner in my arms. I know times are hard, cuz i'm going thru them myself. But everywhere i go for help i get turned away and its driving me seriously crazy, cuz i didn't abandon my babies. And to top it all off...they didnt just take them away from me...they have them separated from each other as well. So if anyone is able to help me get a lawyer/legal advice or a prayer please let me know or just ask GOD to do for me what I dont know how to do for myself. Thankyou...and GOD bless. Stephanie Marie, Brooke, and ConnerTHAT WAS A POST I PUT ON MY FACEBOOK, REACHING OUT FOR ANY/ALL HELP.
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your reply, but this is the only post we see for you on the site.

You should have had a court hearing on this guardianship long before now. If they took the children on an emergency guardianship in December, then there should have been a court hearing for you to present your evidence as to how this guardianship is improper and not warranted.

At the court hearing you would have to present the proof of her open CPS case and also proof that you are a competent parent by presenting witnesses in your behalf to the court.

I am afraid we cannot represent you from this site, our terms of service specifically state that we are forbidden from representing any customers from this site or making personal referrals, but you need to get to your local legal aid office immediately and explain the domestic violence with the child and how his family is doing this because you had him put in jail. You need to get your matter into court and if you prove the CPS case on her and prove you are fit as a parent, then the court is most likely going to terminate her guardianship.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

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