Q: End Guardianship and reinstate parental rights. Granddaughter has lived with me, by choice, for the last 2 years, In CA
Maternal Grandmother has Guardianship over my Granddaughter. The living environment is not in the best interest of my GD. The Aunt lives there and is an alcoholic, is mean to my GD (verbally, emotionally). My son has turned his life around. Has a good job, his own place, has a good relationship with his daughter as well as myself. Can guardianship be removed and my sons parental rights be reinstated (is that what happens?) My GD has lived with me and my mother physically for almost 2 years now, by choice. She is happy here and well taken care of. We choose this because my son leaves early in the am, commutes an hour each way, works 10-12 hr days, he is not home much. He helps with $$ to take care of her and sees her often. Can he have his rights reinstated and still let her live with us? Would I need to be a guardian as well? My gd is almost 12 yo, can she decide where she lives? We have had no problems with the living arrangement.
A: In California, it is possible to terminate a guardianship and reinstate parental rights if it's determined that it's in the child's best interest. To do so, you would typically file a petition to terminate guardianship in the relevant court, and a judge would consider various factors including the child's well-being, the parent's ability to provide for the child, and potentially the child's own wishes, especially given that she is almost 12 years old. If your son's parental rights are reinstated, he could potentially allow his daughter to continue living with you without needing a formal guardianship arrangement, though this would depend on the specifics of your situation.
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