Q: What are my legal rights regarding involvement with my children under my mom's guardianship?
I have three children, but two are under my mom's care. After legal proceedings, they were placed in "voluntary foster care," which I was unaware of until it happened. I believe my mom may have some legal guardianship, though I don't fully understand it, and I haven't relinquished any parental rights. Despite disagreements, I try to visit them often, though weekend visitation or even day visits have been denied. Occasionally, I'm unwelcome when visiting, which results in days without contact, adding tension to the situation. Although I love my daughters dearly, I've struggled to complete required services due to a loss of hope. What are my legal rights to be involved in and informed about their well-being and daily lives?
A:
Even if your children are under your mother’s guardianship or in voluntary foster care, you still have legal rights as their parent—as long as your parental rights haven’t been terminated by a court. You have the right to be informed about their medical care, education, and general well-being. The court or child welfare agency that handled their placement should have explained your role and what you’re entitled to, including how and when you can see your children.
If you were unaware that your children were placed into voluntary foster care, that’s a serious issue. You can request copies of the court orders or case plans to better understand what kind of guardianship your mother has and what conditions you need to meet to increase your involvement. It’s also within your rights to ask the caseworker or the agency for scheduled visits, even if weekends aren’t possible right now. Being denied contact without a clear legal reason could be challenged, especially if no court order says you can’t see them.
It’s understandable that you’re feeling overwhelmed, but your effort to stay involved still matters. Try to re-engage with the required services, not just for the court’s sake, but to show your children you’re still fighting for them. You’re not powerless—start by asking for a copy of the guardianship papers and speaking with someone at the agency handling the case. Every small step you take now can help you rebuild that bond with your daughters. They need to know you’re still in this.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.