Atlanta, GA asked in Family Law and Child Custody for New York

Q: Can I reverse a guardianship if my own kids are not comfortable with the new child? They want him to go back to his mom.

We were stationed in Italy at that time when we decide to go down to New York to take guardianship of my 12 years old husband's brother. The boy's mom is going to school and working. After we had him, I realized how stressful it is to take care of an additional child who is now a burden. My three children are not comfortable with his argumentative behavior, negative words, rough and inappropriate play. I one day got a phone call from my oldest daughter's school counselor concerning the child. One day the child told his parents and us that he wanted to go back but his mom spoke him out of it. The mother said that she doesn't want him back. I do not want him in the house either.

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: Unfortunately, you cannot force the mother to take the child back. It sounds like the child needs counseling and perhaps require you to file a Person in Need of Supervision petition or the equivalent where you live.

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