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-   -   Permanent Guardianship (https://www.askmehelpdesk.com/showthread.php?t=817870)

  • Nov 3, 2015, 11:22 AM
    nana2008
    Permanent Guardianship
    Me and my husband recently got permanent guardianship of our grandchildren. The oldest has lived with us for all of their life but 3 months. GC1 was about 1 year & 1/2 when DCF removed her from mom and dads custody. GC1 will be 3 the end of this year. GC2 started living with us from birth we brought GC2 home from the hospital. We have had GC2 for over 1 year now. Mom and dad are separated. Dad has a felony charge and mom has been in and out of several different homes. Neither one finished their case plan yet. Dad has hired a lawyer to try and get the Children back. What is the chance of that happening. They waited until we went to court for Permanency and then they decided to sign over permanency voluntarily.
    We just got Permanent Guardianship the middle of this year 2015
  • Nov 3, 2015, 12:45 PM
    ScottGem
    This is contradictory. Are you saying they signed of on the permanent guardianship or are fighting it. Also permanent guardianship can be a contradictory term permanent guardianship could be considered adoption.

    If dad is fighting it, it will depend on whether he can show the children are better off with him, which seems unlikely.
  • Nov 3, 2015, 12:49 PM
    nana2008
    Quote:
    Originally Posted by ScottGem View Post
    This is contradictory. Are you saying they signed of on the permanent guardianship or are fighting it. Also permanent guardianship can be a contradictory term permanent guardianship could be considered adoption.

    If dad is fighting it, it will depend on whether he can show the children are better off with him, which seems unlikely.

    They signed off back in the middle of the year. I just found out that dad hired a lawyer
  • Nov 3, 2015, 01:13 PM
    ScottGem
    OK, so dad is reneging on the signed agreement. The fact that he signed the agreement is going to work against him. But the fact that it is a guardianship and not an adoption means it is revocable.
  • Nov 3, 2015, 01:26 PM
    nana2008
    Quote:
    Originally Posted by ScottGem View Post
    OK, so dad is reneging on the signed agreement. The fact that he signed the agreement is going to work against him. But the fact that it is a guardianship and not an adoption means it is revocable.
    Dad has charges will that hurt him. He does not pay anything for them but maybe diapers here and there.
  • Nov 4, 2015, 03:58 AM
    Fr_Chuck
    The felony will not help, but if it did not show any endangerment of the child, not hurt bad. He having employment and showing ability to care for the child would help him.

    The court will most likely look at why he is changing his mind. (was he ordered to pay child support?)
  • Nov 4, 2015, 05:13 AM
    nana2008
    Quote:
    Originally Posted by Fr_Chuck View Post
    The charge will not help, but if it did not show any endangerment of the child, not hurt bad. He having employment and showing ability to care for the child would help him.

    The court will most likely look at why he is changing his mind. (was he ordered to pay child support?)

    No neither one was DCF said the state would go after the both of them because we are receiving caregiver funds and medicaid for the GC
  • Nov 4, 2015, 06:18 AM
    talaniman
    Relax a little. He may have a lawyer to guide him but it may take years to overcome the real obstacles he faces proving to a court he has turned his life around, and responsibly met his obligations enough to get approved visitation, let alone any custody, or restorations of his rights. It's a hard road but can be done and has by many.

    The way I see this is he has a lawyer, and no doubt you may need one too eventually, to serve not just your best interests, but your grand children's as well. Have you filed for child support from him... AND your daughter?

    Why NOT?
  • Nov 4, 2015, 06:25 AM
    nana2008
    Quote:
    Originally Posted by talaniman View Post
    Relax a little. He may have a lawyer to guide him but it may take years to overcome the real obstacles he faces proving to a court he has turned his life around, and responsibly met his obligations enough to get approved visitation, let alone any custody, or restorations of his rights. It's a hard road but can be done and has by many.

    The way I see this is he has a lawyer, and no doubt you may need one too eventually, to serve not just your best interests, but your grand children's as well. Have you filed for child support from him... AND mom?

    Why NOT?
    No we have not filed for child support, DCF said either we can get caregiver funds or child support not both, so because he has another child that is older which by law is first in line and I know mom is not going to keep a job we decided to receive the caregiver funds that is pretty much guaranteed.
  • Nov 4, 2015, 07:02 AM
    talaniman
    What state please?
  • Nov 4, 2015, 07:37 AM
    nana2008
    Quote:
    Originally Posted by talaniman View Post
    What state please?
    Florida
  • Nov 4, 2015, 08:22 AM
    talaniman
    Everything I have read indicates you have nothing to worry about until such time he can meet the very high standards of convincing a court that he has fulfilled and can met his obligations both to the court and his kids.

    Guardianship Vs Adoption - Family | Laws.com

    Quote:
    A legal guardian will also receive new rights, through which they can make decisions that will effect the child's life. For example, a guardian will have the right to consent to medical treatment for the child. Although a guardianship provides an individual other than the parent of the child the rights and the responsibilities of raising the child, it does not necessarily relinquish the birth parent's rights over that child.
    In short, he needs more than just a lawyer to overcome his sad history of poor actions and choices. Does he OR your daughter have a regular schedule of visitation court approved or OTHERWISE? I ask because this is usually the first area of concern for a judge/court, even if financial obligations are met.

    Occasional diapers being bought means NOTHING.

    R***E***L***A***X.

    It's not a simple easy thing to regain custody/rights after a court has appointed a permanent guardianship.
  • Nov 4, 2015, 08:46 AM
    nana2008
    Quote:
    Originally Posted by talaniman View Post
    Everything I have read indicates you have nothing to worry about until such time he can meet the very high standards of convincing a court that he has fulfilled and can met his obligations both to the court and his kids.

    Guardianship Vs Adoption - Family | Laws.com



    In short, he needs more than just a lawyer to overcome his sad history of poor actions and choices. Does he OR mom have a regular schedule of visitation court approved or OTHERWISE? I ask because this is usually the first area of concern for a judge/court, even if financial obligations are met.

    Occasional diapers being bought means NOTHING.

    R***E***L***A***X.

    It's not a simple easy thing to regain custody/rights after a court has appointed a permanent guardianship.

    Ok thanks, and yes they are guaranteed 1 hour a week, he spends more time than that but mom only sees them maybe once in a while she lives hours away.

    You helped with the main question is how easy will it be for him to reopen the case.

    Once again THANK YOU

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