[lorri51640]

In Los Angeles, CA - Legal guardianship for my 3 children was granted to my grandmother. I didn't give up my parental rights nor did their father who was in prison at the time. The father and I now want to get the kids back. How do we go about this and what's involved in the procedure?

[ScottGem]

You go to court to end your grandmother's guardianship. A lot will depend on why she got guardianship in the first place. You will probably have to prove top the court that you can provide a better home for the children than they have now.

[lorri51640]

Thank you, Scott, for responding. Do you know what form is needed and what steps are involved after I petition the court for reunification? Child protective services was involved and denied family reunification. Doesn't the fact that we would be a real famly unit carry enough weight vs the kids being raised by an old woman?

[ScottGem]

Again, it depends on the circumstances. If CPS is against reunitification you have a very hard course to row. I would not attempt it without an attorney.

[lorri51640]

Thanks, again, Scott. First, I should say that the term "old woman" was not meant to be disparaging of my grandmother... rather descriptive/comparative Second, the CPS case has been closed since the legal guadianship was given to my grandmother. At that time, my attorney told me that when we felt able to provide a home for our kids, we just had to file a form with the Court, but I don't remember the name/form number. She made it sound easy, but I get the impression from your responses that it might not be. We just want our kids back. Thanks for your help.

[ScottGem]

I don't think it would be that easy, but you can contact the court clerk and ask. I assume you can't contact that attorney to get the info.

You have to petition the court to cancel the guardianship order and restore custody to you.