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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19629
Experience:  B.A.; M.B.A.; J.D.
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My mother has filed gaurdianship of my 3 children without

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My mother has filed for pr gaurdianship of my 3 children without informing me? I had a letter noterized stating I gave permission for her to have gaurdianship of them until I felt healthy enough to take care of them. I did this for school and medical treatment purposes only. Now she refuses to return them to me. I am now healthy enough, have stable income, and a good home for them to return too. What can I do and can a judge award her gaurdianship without consulting me first?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
I e been told that she has to prove me unfit to raise my children. What defines unfit?
Customer: replied 2 years ago.
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Expert:  Phillips Esq. replied 2 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
My mother has filed for pr gaurdianship of my 3 children without informing me? I had a letter noterized stating I gave permission for her to have gaurdianship of them until I felt healthy enough to take care of them. I did this for school and medical treatment purposes only. Now she refuses to return them to me. I am now healthy enough, have stable income, and a good home for them to return too. What can I do and can a judge award her gaurdianship without consulting me first?
Response:If your mother filed for Guardianship, you must be given notice of the Guardianship so that you can file a response and tell the Court why her request must not be granted. This means that you be served a copy of the Petition that she filed with the Court
For the Court to hold a hearing in the case, your mother must certify to the Court that she has served you with the Petition for Guardianship so that you can respond to it. If she has not done so, but you found out about her filing by accident, you need to file Motion with the Court to dismiss the case for lack of proper notice to you and to order your mother to return your children to you without further delay.
I e been told that she has to prove me unfit to raise my children. What defines unfit?[/b}
Response 2: Unfit means being unable to take care of the children because you are an alcoholic; a drug user; irresponsible—you “party” all the time; do not have time to devote to the children; associate with bad people; no parenting skills: kids are not looked after when they were with you; kids not giving baths, hardly any food in the fridge for the kids; children with dirty cloths; filthy house; similar things that would indicate that you are a bad mother.