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    mustangnana's Avatar
    mustangnana Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 16, 2011, 08:12 AM
    Can I ge cusody back of my daughter if I sign over permanent custody to get DCF out m
    I signed over temorary guardianship of my daughter on an emergancy order because DCF was going to take her because I was using drugs and now I want dcf out of my life . My dad has had temp guardianship since July 2010 and I am being told if I give him permanent custody that dcf will go away and when I get a job and stay in my drug court I can get custody back in four mnths. Is this true and how does this work when I want her back in four mnths.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jan 16, 2011, 09:16 AM

    The department of Child and Families have a whole set of scopes of practices in cases such as yours. I suggest you call them directly to discuss this with them, if what you are stating is possibly heresay and no validated by them. Get proper validation from the horse's mouth if you want to go about getting custody again the correct way.

    You must have a case number and a case worker's name at DCF.
    Tick
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #3

    Jan 16, 2011, 11:04 AM

    Depends on what state you are in and what kind of guardianship your father does have.
    Generally a birth parent can go back to court and ask for the guardianship to be ended and the care and custody of the child returned to the parent./temporary guardianship/

    Permanent guardianships are designed for children who have been in state custody for example,and which are difficult to terminate parental rights.
    Not all states have Permanent Guardianship provisions.
    Oregon has a permanent guardianship status that may only be granted by the juvenile court after it is proven that it is in the best interest of the child that the birth parent should never have physical custody of the child. A birth parent is prohibited from petitioning the court to terminate this permanent guardianship once it is granted.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Jan 16, 2011, 11:10 AM

    Quote Originally Posted by mustangnana View Post
    I signed over temorary guardianship of my daughter ... My dad has had temp guardianship... if i give him permanant custody
    P.S. Only courts may grant guardianship or custody to third parties.Legal custody is a similar status to guardianship, but is usually bestowed by a different court that has different procedures. Guardianship is usually granted by a probate court, whereas a family court grants legal custody.

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