I reasently got my order for guardianship terminated and my son returned home with me. I want to know does that give me custody his dad has been incarcerated his whole life and is coming home... Do I need to file for custody?

Has paternity been established? Is there a current Court Order concerning custody/visitation? Were you married when the child was born?

If this is the case then you need to go to Court and file for physical custody. You must file with the Court and PROVE the father is unfit, dangerous to the child mentally or physically.

Why did you give up guardianship and who had guardianship?

These questions make a difference in the answer.


Were/are you married to the father?

If your order for guardianship was terminated then you no longer have custody rights. If you wish to have them back your going to need to go to court for that issue. Why was your guardianship terminated? Who are you in all of this?

A tip, when asking a question here, try to include pertinent details. This will help us help you. As it is your post raises more questions that we need answers on to help.

It appears you are the mother. But, if you are the mother, then why did you need an order of guardianship? By default you have custody of your child. If the guardianship was to someone else, who and why and why was it terminated? Also, ANY question on law needs to include your general locale as laws vary by area.