Jacksonville, FL asked in Family Law and Probate for Florida

Q: I'm trying to get a guardianship vacated

This past September, my mother was granted permanent guardianship of my now 13 year old son. They live in Lake County, Illinois and I live in Washington County, Florida. The CPS case, which in now closed, originated out of Walton County, Florida. My situation has drastically improved and I am ready for his return and my mother is willing to vacate the guardianship. I have heard various different routes to take on how to go about it. One was to petition Lake County, Illinois to vacate guardianship. Another was petition Walton County to vacate guardianship. My least favorite option was reopen the CPS case. Finally, my favorite, my mother sends him home and hands me a notarized statement relinquishing guardianship back to me. What do I do

Related Topics:
2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: You have to determine which state now has jurisdiction - could be Florida, could be Illinois. What you do not do, is think that this is easy or that it is a DIY project. it is not either. Step 1 is to consult with a Florida attorney who practices guardianship matters to determine where a petition to terminate should be filed. Step 2 is to do what the attorney tells you to do.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: You would ask the court in Walton County to vacate the guardianship. If your mother is, as you say, in agreement, file a stipulation signed by her.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.