Q: I need answers to understand on how can I terminate guardian and have my kids back under my care
A:
Under California law, to terminate a guardianship and regain custody of your children, you generally need to file a petition with the court that originally established the guardianship. This petition should clearly state your reasons for seeking the termination of the guardianship and demonstrate that returning the children to your care is in their best interests.
It's important to show that there have been significant changes in circumstances since the guardianship was established. This could include improvements in your living situation, stable employment, or completion of any required counseling or rehabilitation programs. The court will consider factors such as the stability and safety of the environment you can provide.
Gather and present evidence that supports your case. This can include testimony from professionals or others who can attest to your suitability as a caregiver. The court may also consider the children’s wishes, depending on their age and maturity.
Finally, be prepared for a hearing. The court may require a hearing to decide on the matter, where you'll need to present your case. It's often beneficial to seek legal counsel to navigate this process effectively.
Remember, the court's primary concern is the welfare of the children, so your efforts should focus on showing that their return to your care will be in their best interest.
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