Hillsboro, OR asked in Family Law and Child Custody for California

Q: How do I go about ending guardianship and regaining custody of my son? I live in a different state than my son

My sons paternal grandfather has guardianship and it’s no longer in my sons best interest to live with him

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2 Lawyer Answers
Jonathan Purcell
Jonathan Purcell
Answered
  • PETALUMA, CA
  • Licensed in California

A: I understand that your son lives in a state different than your own.

You should hire an attorney who practices with relevant expertise in the state where your son now resides.

Tim Akpinar agrees with this answer

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you want to end guardianship and regain custody of your son who is living with his paternal grandfather in a different state, you will need to take legal action.

First, you should consult with an attorney who specializes in family law and has experience with guardianship cases. An attorney can help you understand your legal options and the steps involved in ending the guardianship and regaining custody of your son.

To end the guardianship, you will likely need to file a petition with the court in the state where the guardianship was established. The petition should explain why you believe that it is in your son's best interest to live with you, and may need to provide evidence to support your claim. The court will then hold a hearing to consider your petition and make a decision based on the best interests of the child.

It is important to note that ending a guardianship can be a challenging process, particularly if the guardianship has been in place for a significant period of time. You may need to demonstrate that there has been a substantial change in circumstances that warrants ending the guardianship and returning custody to you.

Additionally, if you live in a different state than your son, you may need to coordinate with the courts and child welfare agencies in both states to ensure that the transition is handled in a way that is safe and in the best interests of your son.

Overall, ending guardianship and regaining custody of your son will likely require the assistance of an experienced attorney who can guide you through the legal process and help you navigate any challenges that arise.

2 users found this answer helpful

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