Big Bear, CA asked in Adoption, Child Custody and Family Law for California

Q: temporary guardianship, terms not met but parent is demanding child back

I would like to find out how to make my temporary guardianship a legal guardianship and possibly adopt my nephew while simultaneously preventing my brother from removing nephew from my home. He has not met the terms of our agreement (which was 6 months of stable housing). My nephew has lived with me for 5 of his 6 years in this world. I am the only Mom he's ever known and he wants to stay with me as much as I want him to stay. He is autistic and changes to his day to day are very disruptive for him. My brother refuses to acknowledge nephew's special needs and spanks him for punishment without regard to how nephew reacts to those spankings. My brother is also refusing to return my niece, who I also have T.G. over, she went for a Summer visit with him and our parents. I think if my parents assume Guardianship over her, that might be okay but my nephew would disappear into himself in their care.

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

A: If you currently have temporary guardianship of your nephew and want to make it permanent while considering adoption, there are steps you can take to protect his well-being. Consult with a family law attorney who specializes in guardianship and adoption to understand the legal process and your options. Keep records of your nephew's living arrangements, your relationship with him, and any concerns about his safety and well-being. If you believe he is at risk, consider reporting your concerns to child welfare services. Discuss the possibility of your parents assuming guardianship over your niece with your attorney, considering the best interests of both children. Gather evidence that demonstrates your stable and nurturing environment.

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