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maggi12801 · Apr 23, 2010, 08:26 AM

My husband and I have had legal guardianship of my step niece and step nehpew since 2006. There mother is now back in the picture and she wants to pursue getting them back. She doesn't have a job and she lives with my stepmother and father. What rights do I have in regards to letting or not letting her see them. Do I have to let her see them? She wants to see them but she can't pay to help with there financial needs. She has stated to me that she knows right now she cannot take care of the children by herself but eventually she would like to "share" them! I don't feel the same way.

Margaret

JudyKayTee · Apr 23, 2010, 09:29 AM

Originally Posted by maggi12801

My husband and I have had legal guardianship of my step niece and step nehpew since 2006. There mother is now back in the picture and she wants to pursue getting them back. She doesn't have a job and she lives with my stepmother and father. What rights do I have in regards to letting or not letting her see them. Do I have to let her see them? She wants to see them but she can't pay to help with there financial needs. She has stated to me that she knows right now she cannot take care of the children by herself but eventually she would like to "share" them! I don't feel the same way.

Margaret

You have guardianship so you have control over the children - what they do, where they do it.

No, you don't have to let her see them UNLESS there is a Court Order to the contrary. However, if you DON'T let her see them there is a possibility she will go to Court and attempt to get ordered visitation and (eventually) custody. You must begin to document your concerns about her having visititation and/or custody so you have proof of your concerns if it comes to that.

Unfortunately, as their mother she has rights. In order to protect the children (I would think both physically and emotionally) you must do whatever is in their best interest which may or may not be allowing visitation. Perhaps supervised, limited visitation is a good beginning.

You must make every effort to appear cooperative but concerned for the children or your concerns about visitation will look like revenge, keeping the mother out of their lives for no reason - you know what I'm saying, I trust.

cdad · Apr 23, 2010, 07:14 PM

Is there an order for child support against both parents? If not why not?

maggi12801 · Apr 26, 2010, 02:35 PM

No there is not, the mother was in jail at the time the guardianship was granted. The children have different fathers, both of them were both in jail at the time the guardianship was granted. All of them are out of jail now. One of the fathers doesn't want any responsibility so he doesn't want anything to do with his son(our nephew). As for daughter (our niece)... I'm not sure what is up with her father, he doesn't call or anything. There mother does not have a job, she said she is looking but the way things are I don't see her getting a job any time soon. She basically told me that she does not want to give the kids to me she wants to share them. I think she wants to see them but she doesn't want to take financial responsibility for them.