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Can a court order guardianship be changed if the parents wants the biological Grandparents to have their daughter ?

My husbands ex wife had placement of our Granddaughter who is 2 yrs. We have her brother who is 6 mons. The ex wife has passed away and the court gave the 50 yrs old boyfriend and my husbands 23 yrs old daughter guardianship of her. The parents were asked in court if that arrangement was ok. They had no time to think. They want to change the guardianship to us since we are foster parents and we have her brother.

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Asked by Noonie105 at 11:27 PM on Jul. 20, 2013 in Toddlers (1-2)

Level 1 (2 Credits)
Answers (7)
  • The both agree that this is what they want?
    Do they agree to any child support or visitation?
    You each had to have a lawyer, if you were involved. Each could tell the lawyers that they wish it change, and they could file it in a court for you.
    You may need your own lawyer, which is what we had to do in a similar situation.

    Answer by Dardenella at 11:32 PM on Jul. 20, 2013

  • A good step might be for you to find out who the little girl's guardian ad litum (SP?) was for the original court proceedings. Usually, the GAL is assigned by the county where the hearings took place. That person might be able to help you find out how to proceed and refer you to some contacts.

    Answer by Ballad at 11:41 PM on Jul. 20, 2013

  • My husband daughter and her Moms boyfriend do not know they want to change guardianship. The arrangement is very strange, the daughter does not work and he is ether at work or at the bar. She is not getting the best care. The parents are getting of drugs and getting their lives together but it would take yrs to get their kids back. They want them to be together.

    Comment by Noonie105 (original poster) at 11:46 PM on Jul. 20, 2013

  • We sent letters to her lawyer and the CPA social worker about getting us involved and we never got anyone to call us back.

    Comment by Noonie105 (original poster) at 11:59 PM on Jul. 20, 2013

  • Not the way it works and it may be too late now. We had to do the filing for guardianship,. We had to get the lawyer and we had to go to court. They can not just willy nilly switch things and the CPS does not get involved unless hey have been called in because of a problem which you did not indicate since you say they received guardianship.
    If the court ordered guardians then wanted someone else to be the guardian they would need to file it. If you want to take it that is a different ball of wax.

    Answer by Dardenella at 12:19 AM on Jul. 21, 2013

  • They want to change guardianship to you but "they don't know that they want to change guardianship"?
    Does that mean that this is what you believe is best for the toddler but it's not what her mother actually expresses wanting, when it comes down to it? (As in, "This is what she really thinks/wants, she just doesn't know it.") Even if she professes agreement with your points & proposals, if she doesn't represent that to a third party (such as, initiating the process with her lawyer) she doesn't really "agree," and she doesn't "want" to give you guardianship of her daughter.
    If this is the case it doesn't sound like something that can just be filed & transferred. It sounds like you would have to contest their fitness & try to get custody.
    Transferring guardianship would have to start with your stepdaughter contacting her lawyer, not YOU doing so. Talk to her/them and determine what she's willing to do.

    Answer by girlwithC at 8:50 AM on Jul. 21, 2013

  • The parents want to see if they can change guardianship to us. The Mother is in prison for drugs and the Father is in a half way house. They are both working on getting their lives in order. The 2 yrs old is with the Father sister 23 and her mothers boyfriend who is 50. The parents where told that the could move in to the basement after the court order and when she gets out of prison. They lied after they got guardianship. They never take their phone calls to find out about their daughter. They want both kids to be together.

    Comment by Noonie105 (original poster) at 10:32 AM on Jul. 21, 2013

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