Q: My children’s father has custody but due to an accident he now has a guardian. Does his guardian have now have custody?
My parental rights were not taken from me. I voluntarily gave up custody and placement in my divorce agreement. Recently my ex had a brain injury. He will require a legal guardian (his mother) for himself for the rest of his life due to partial recovery of brain function. Does his mother automatically gain custody of my children since she is his legal guardian? Will I need to petition him or his mother to regain joint custody of my children?
A: No. His mother does not automatically have guardianship of the children. If you gave up custody and placement in the family court, your parental rights were not terminated. You would have the right to file a Motion with the Court to assume custody and care of the children. His mother would have needed to file a Petition for guardianship and you would have needed to be served with formal notice of a hearing on her petition.
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