Denver, CO asked in Family Law for Colorado

Q: Paternal grandmother has guardianship of my son. Recently It was terminated (in my favor). With a termination date

The probate judge for my son's case not only found me to be a fit parent but found it in my son's best interests to be returned to me and his 3 sisters (termination of guardianship date already set in place. The guardian (after the ruling), (paternal grandmother) has just filed an APR case asking for sole custody of him. What can I do to ensure the probate judge's decision is upheld, and that he be returned to me as ruled? The guardians have attempted to alienate my son's step father and three sisters and is purposely planting fear into my child in regards to regular visits. Verbal bashing of us etc.. can I ask the judge to not only uphold probates decision to end the guardianship but ask that it be terminated immediately instead of the future termination date (end of school year). We live 30miles from the guardians residence.

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1 Lawyer Answer
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: You need to consult with an attorney and need to make sure your response to the custody petition is filed on time. You could argue that the facts and circumstances tied into the child have already been adjudicated at the district court level such that the probate order should supersede and stand. More information is needed to fully answer your question, including as to whether asking to terminate the guardianship now is the right move to make. The end of the school year is a long way away. If you can prove that alienation is occurring, a court might change that aspect of the orders.

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