Mc Cook, NE asked in Family Law and Child Custody for Nebraska

Q: Does temporary guardianship give up my rights to my kids? Can my mother then cut off 100% all communication between me?

I’m January I signed temporary guardianship of my two kids to my mom while I checked myself in to a rehab. I can’t for certain remember what the paper said but I do recall my name being spelled wrong completely. Would that even hold in court? I never received a copy of the document nor did I receive any court documents aside from the first court appearance. I was in rehab the rest so it was between the father of my kids and my mother. Now they both are telling me I lost my rights to the kids and can’t do anything about it. So I guess I’m wondering if I have rights, if so, what are they, and where do I begin the process of getting my babies back.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: It depends on what you signed in the court action and what type of court action it self.

If you signed a consent to guardianship or similar court papers, then you would need to file a court action to terminate the guardianship or ask in the court action for specific parenting time if the guardian is denying it. A guardianship order doesn't terminate your rights, but gives custody to non-parent. The guardianship can be terminated when the parent shows they have been restored to parental fitness and that it is in the best interests of the children that custody be restored to the parent.

If you signed a consent to the terminate of your parental rights or similar court papers, then your parental rights may have been terminated by court order. Once terminated and the time for appeal has passed, then there aren't many options to get any rights back.

You would need to speak with an attorney and review the actual court documents to see what your options are.

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