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Hello! I don’t even know where to begin. Let’s just start by saying I have three amazing children and my two eldest I had signed guardianship over to my parents 10 years ago because at the time I knew I was not able to give them the life they deserved. They are now older and are able to undertake better our situation and have asked for me to file for them back multiple times. It has been my intention for the last 5 years but unfortunate I have put it off due to my parents. They have threatened to get the best lawyer to make sure I don’t ge them back but I know I am more than capable of having hem back in my care. I have had a son that is now 6 years old in my custody the entire time and the last 7 years I have had my children on the weekends and whenever they don’t have school. My parents have gone on vacations and I would always be the one to take care of my kids when they were gone. It took me all these years to finally get a good relationship with my parents and I know that once I do this all heck will break loose. My oldest son is turning 13 next month and my daughter is 9. Both have said they are willing to let the court know that want to live with me. They are just scared to tell my parents because my mom would yell at them and make them feel bad. I have worked the last 7 years to make myself a better human and mother. I have raised my youngest and have been with his father for the last 7 years. We just purchased a home so that each child may have their own room for when they do come back to live with me. I have everything planned for them as far as schooling extra curricular activities etc for them. We are finaciclat stable and my fiancé makes a great slimy of money and I have run my own small business from home so that I am able to be with my youngest at all times. I just want to know if I should get a lawyer to have my guardianship back and what my chances are of getting them back. There is No reason they shouldn’t be with me. Especially if my parents have let them stay with me for long periods of time on multiple cases. Thank you for your time. I tried to make this as short as possible for you. -Barbara M.
Submitted: 3 months ago.Category: Family Law
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Answered in 16 minutes by:
3/25/2018
Family Lawyer: Sean K, Family Law Attorney replied 3 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 876
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that you are experiencing this, but there is a path to you having your children back.

The basis of this is that the right to be a parent to your children is guaranteed by the US Constitution and as a result of this, grandparents are always secondary to a fit parent. The proposition is very straightforward, if you are a fit parent and you petition the Court to have custody, the grandparents may fight, they may be awarded some visitation time, but at the end of the day, fit parents win out over grandparents.

It may require you to become married to your fiance as judges sometimes prefer that caregivers be married, but this is not an absolute and you could speak to an attorney in your area about this.

As part of a custody action, the children would likely have an advocate or guardian to whom they could make their preferences known. They don't usually get to testify in Court, but their opinion would be made known.

The bottomline is that it sounds like your parents are content leaving things the way they are and if that is the case, it is likely nothing would happen if you don't make it. It sounds like you are in a great position and that it is only getting better. The best route would be to go see an attorney and let them help you make this official so you can have your children back.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Sean K
Sean K, Family Law Attorney
Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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