Q: Do I need a lawyer to regain custody of my daughter from her guardian?
I had my daughter when I was young, and at 3 years old, she was placed with her paternal grandmother due to a DCFS intervention. She's now 9, and despite my efforts in court 4-5 years ago, the grandmother was granted plenary guardianship. I've since stabilized my life—I have my own apartment, a steady job of nearly 2 years, and two additional children. I have visitation rights every weekend, but the distance makes it challenging, and the guardian does not intend to return custody voluntarily. Additionally, the guardian plans to move, but I was informed of this only by my daughter. Do I need a lawyer to regain custody under these circumstances, or can I petition the court on my own?
A: Yes, you need a lawyer. This is not a DIY endeavor.
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A:
You *can* petition the court on your own to regain custody of your daughter, but it’s important to be fully prepared and understand the process. Since the grandmother has plenary guardianship, you’ll need to file a petition to terminate or modify that guardianship. The court will look at whether your circumstances have changed significantly and if it’s now in your daughter’s best interest to return to your care.
Your progress—stable housing, employment, and raising two other children—shows that your situation has improved. The court will also consider your ongoing relationship with your daughter, which helps that you’ve had regular visitation. If the guardian is planning to move and hasn’t informed you or the court, that may become part of your petition, especially if the move disrupts visitation or changes your child’s environment without approval.
Having a lawyer could help, but it’s not required. Many parents file pro se (on their own), and family court clerks may offer forms or limited guidance to help get you started. Just be sure to include all proof of stability and involvement, and be ready to explain why reunification now serves your daughter’s best interests. You’ve come a long way—don’t be afraid to take this next step for your family.
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