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TFREEMAN6 · Jun 25, 2009, 09:16 AM

Can a permanent guardianship be reversed? I gave my aunt guardinship of my 2 children 4 years ago so they wouldn't go to foster care when cps took them. I did this because I was told I could get them back once I was back on my feet and I am ready to get them back. I believe I am in a place where I can take care of them now. I need help.

ScottGem · Jun 25, 2009, 09:24 AM

First, please pay more attention to the posting guidelines for this site. There is a Read First sticky at the top of the Children forum that directs questions of a legal nature to this forum. Your post has been moved for you.

If you believe you have repaired the problems that CPS found, then you can start by contacting them and asking how you regain custody. If they can't help, then you should hire an attorney to petition in Family Court for a dissolution of the guardianship order and a return of Custody to you.

TFREEMAN6 · Jun 25, 2009, 09:47 AM

Thank you and Im sorry about that.

I talked to someone from the Indian child welfare office and they told me that the case was closed and I just needed to make sure that I completed the task in the case plan. The actual cps office told me that I should just leave things how they are. Does it matter that the case was in Arizona and myself, my aunt who has custody and my two kids have lived in Kentucky for 5 years now. Also my aunt gets assistance from the state of Arizona for taking in my kids (its almost like foster care but its set up different because she is a relative) I hope this all makes sense.

ScottGem · Jun 25, 2009, 10:30 AM

Since the original case was in AZ and that has been closed, I would open a case in KY and see what happens. But, again, if CPS will not proceed with restoring custody, then you need to get an attorney and file in Family Court where the kids reside.

TFREEMAN6 · Jun 25, 2009, 10:49 AM

I just want to clarify. When you say open up a case you mean court case not cps case, right. Also if I can't get ahold of a case worker from cps who handles the case can I just move forward with filing for custody? Will this be something that comes up in court about the previous cps case?

ScottGem · Jun 25, 2009, 11:18 AM

No, by "open a case" I mean with CPS. Going through Family Court requires FILING for custody.

You will probably need to go to Family Court eventually because only a court can issue a custody order. But it would be better to get CPS to go to bat for you then to take them on as an adversary.

TFREEMAN6 · Jun 25, 2009, 11:37 AM

I really don't want to have cps in my life again I have a new baby with a great guy now. My aunt that has them wouldn't have a problem with them coming back with me. I just hated the experience with cps it was a nightmare.