Q: Please help me to determine the best way to go about revoking the temporary guardianship of my eight year old son
In 2016, in the tiny town of Lincolnton, GA, while incarcerated, my husband and I were denied our right to seek counsel from an attorney regarding signing temporary guardianship to his mother of our then one year old son. The sheriff at the time took us into his office and told us that immediately upon our release, guardianship would be transferred back to our care. Unfortunately, the then sheriff passed a few short months later from a heart attack. Papers were filed to terminate the guardianship but a resolution was not reached. And since physical custody of the child was harmoniously shared between ourselves and the guardians, no further court action was taken. However, over the last year, the guardian has gone against all agreements made regarding my son. We haven't seen him in weeks. And we're not informed when he nearly severed his toe requiring 15 stitches over the summer. She has cut off contact entirely since our approach at desolving the guardianship.
A: If the previous action to terminate was closed, you will have to file a new action to terminate the guardianship and have the defendants served. Once they are served they may decide to agree to the termination, or they will file an Answer objecting to the termination, and the case will move forward. You could go the route of having an attorney reach out to them first on your behalf, and see if they will voluntarily relinquish guardianship before filing. I would consult an attorney directly with all the facts of the previous case, take all of the documentation you have from the original case file, and see if you can reach a resolution with the guardians.
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