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My situation is complicated. My daughter currently has a…

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My situation is complicated...

My situation is complicated. My daughter currently has a court ordered guardian. It is her step-grandfather. Her mother could not care for her, and I did not know she was my daughter when the guardian was appointed. She is not being cared for properly. Now that I am in her life, there is no need for a guardian. I need to know what forms to use to revoke this guardianship and get custody of her.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the court order was issued in?

Illinois, montgomery county

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I went to the courthouse today. They referred me to website to find the forms, but none of the forms apply to my situation. I cannot modify child custody as there is no order in place. There is just a temporary guardianship order in place, and her mother failed to tell me about her when all of this took place.

Submitted: 5 months ago.Category: Family Law
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Answered in 9 minutes by:
11/17/2017
Family Lawyer: Gerald-Esquire, Lawyer replied 5 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,098
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Family Lawyer: Gerald-Esquire, Lawyer replied 5 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Two things that you want to do:

1) File a Petition to Terminate Guardianship. This link will walk you through creating the form:

https://www.illinoislegalaid.org/legal-information/minor-guardianship-discharge

2) File for Custody of your child:

https://www.illinoislegalaid.org/legal-information/petition-allocation-parental-responsibility-custody

You may wish to contact Legal Aid for no cost assistance. See:

https://www.illinoislegalaid.org/get-legal-help

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 5 months ago
The Petition to Terminate Guardianship states that this will reinstate the parent that had her previously as custodian. This would give custody to her Mother. I do not want this. Her Mother cannot care for her.The Petition for allocation of parental responsibilities states that you cannot use this form if their is an existing case. Since there is a guardianship case open, I cannot use this form either.I have already researched all of this, and none of these forms are of use to me. I need to know what form to use for my unique situation.
Family Lawyer: Gerald-Esquire, Lawyer replied 5 months ago

I believe that these are the forms that you use, and you use them together. You will modify the forms to meet your particular situation. There is not a specific form for every situation and attorneys modify these to meet the needs of the specific situation.

BUT I will opt out so that someone else can assist you.

Please do consider contact legal aid for help.

Kind regards,

Gerald

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Family Lawyer: Seattle Scott, Lawyer replied 5 months ago
Seattle Scott
Category: Family Law
Satisfied Customers: 1,003
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Verified

I assume you are not on the birth certificate otherwise you would have received notice of the guardian case. Confirm the birth certificate issue and I will respond further.

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Customer reply replied 5 months ago
I am on birth certificate. This was all done before so
Family Lawyer: Seattle Scott, Lawyer replied 5 months ago

The guardianship done before birth? Or were you named the father after birth and didn't know it until after the guardian was appointed?

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Customer reply replied 5 months ago
She was born they never told me. I heard rumors I had a kid so I contacted them and asked for dna, they denied it. Then later in life I guess the mom gave guardianship to the STEP grandpa in 2013. I continued to contact them for dna and finally in 2015 they allowed for a home dna kit and she came back to be mine and I then added my name to birth certificate in 2015
Family Lawyer: Seattle Scott, Lawyer replied 5 months ago

Ok, let me do some research.

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Family Lawyer: Seattle Scott, Lawyer replied 5 months ago

I can find the law that says if you were not notified of the guardian petition you can contest it now and that the guardian woudl have a hard time defeating a petition to terminate by a parent, but I can't find the forms you need so I will opt out

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Seattle Scott
Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 1,003
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Experience: I have 25 years experience as a Washington State Family Law Attorney.

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