Somerset, NJ asked in Family Law and Juvenile Law for Georgia

Q: Need help with appeal process

Three years ago my daughter was in abusive relationship her bf wouldn't let me take the baby and my daughter would steal from Walmart to support her daughter cause the baby father was addicted to pills and would abusive to her. Well she got caught twice put on probation and went to jail for the first probation violation while in jail family division was called ( I even contacted them before hand and said I take her before she put into system they ignored that) anyway she was taken and the father decided to run leaving both them there my daughter had failed to do some stuff not all but they kept telling judge she hasn't cooperated they wanted her to sign paperwork ect without her court appointed lawyer she refused of course so fast forward she got put in jail and took a year to clear probation she went to court gave guardianship to her grandmother whom talked with everyone because she doesn't want to raise the child and everyone told her my daughter can appeal to get her back even

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2 Lawyer Answers
Kedra M Gotel
Kedra M Gotel
Answered

A: Your daughter doesn't have an appeal appealable issue. She simply needs to revoke/terminate/end the guardianship in a signed writing. The Division of Family and Children Services did not initiate a petition of protection nor did they seek termination of your daughter's parental rights. According to the facts you've provided, your daughter voluntarily gave her grandmother guardianship of the minor child. Whether the guardianship was given through the courts or through the parties in a signed writing, the guardianship is able to be revoked (taken back). Circumstances change, people change.

I wish you the best!

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: It sounds as though your daughter just gave her guardianship. If that is the case, she can now revoke the guardianship. You can always consult with an attorney for guidance.

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