Q: Can I get my son back if I gave my mother temporary guardianship out of court?
I gave myy mom temporary guardianship of my son about 8 yrs ago due to substance abuse. Since then I have completed a one year treatment and held a job for 2 yrs and also been married for 3 years. I am stable and in school getting ready to graduate in about 6 months with a associate degree in social work. I currently have a nine year old that has been in my custody all his life. My mom does not want to give my son back now and she is ill, along with my father. She can no longer take care of my son properly and he is being neglected as far as I see it. She has congested heart failure, paste maker, defibrillator, psycodosis, diabetes and just had 4 of her heart values shut off due to serious mental issues affecting her daily task etc. My dad had prostate cancer about 4 mo nths ago and had surgery and currently have been diagnosed with lung cancer and taking chemotherapy and radiation 5 days a week. They are not able to care for my son properly but is attached to him.
A: You need to file to terminate the guardianship in probate court. If they object the court will set it for a hearing to determine what should happen.
A: You will need to file a termination of the guardianship with the Probate Court. If your mother is refusing to give your son back, she will likely object to the termination. At that point, you will have to demonstrate that it is in the best interest of the child to return to your custody and care in a hearing before a judge. Based on the length of time and reason for the initial guardianship, this may be difficult to accomplish and I suggest you immediately contact an experienced family law attorney.
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