[JSAUNTIE]

With the future of BIL criminal case uncertain and the fact that he had done his case plan before he went back to jail and SIL being in the Army and in Iraq as of later this week. We have decided to file for guardianship of our little man. The way it is explained to us is they will not have to prove they can take care of him if they ever want him back they have to prove us unfit. We are also told we can file for the adoption in 6 months after we have custody of him. This seems the best way to keep him safe because the state just keeps dropping the ball and I really dont want to have him for years and then the state hand him back over like I have seen done here. With the guardianship we in charge of visits and so forth so we notified everyone after a night of talking that this was our plan. We have a meeting with our attorney tomarrow. Wish us luck.

[Sam-N-Tony]

I don't know how Guardianships work. But I have been following you for a while now and know that there was a lot of going back and forth in the case, so it sounds like you made the best decision for your family.

Hopefully you will eventually be able to file for a legal adoption.

[hkolln]

Originally Posted by JSAUNTIE

We are also told we can file for the adoption in 6 months after we have custody of him.

How do you file for adoption without TPR?

[JSAUNTIE]

I am not really certain that is going to be my question to the attorney tomarrow but that is what BIL attorney told me. And to be very honest with you niether one of them will ever have the money to take us back to court and if they do they will have a very hard time proving us unfit. So I am not all that worried and as long as we have all the control thru guardianship I dont need a piece of paper to tell me who his mommy is.

[punchkin]

Just wanted to wish you good luck. I know that this has been a very tedious journey for you. Sending prayers your way.

[mrstkg1]

Hi, I wanted to encourage you. We filed for permanent custody, I believe very similar to your situation, which would take DFS completely out of the picture. We never had to go through with it, as right after we filed the parents voluntarily relinquished. Our child was languishing in foster care and it was the only way to get things moving along. If we had gotten custody, we were asking that visits be supervised at a visitation center at the bioparents expense. And yes, you can file an adoption petition after a period of time based on the fitness on the bioparent. I think we would have won our case, because everyone started taking us very seriously. I know you can win, stay the course. I wish you and your family the very best.

[BrandyHagz]

The way it is explained to us is they will not have to prove they can take care of him if they ever want him back they have to prove us unfit.

You need to make sure that you're working with a VERY knowledgeable attorney who has done guardianships and who has a very keen knowledge of the laws in your state.

What you've said above is not like any 'guardianship' I've ever heard of/been a part of. Make darn sure you're not working with someone (BIL's attorney?) who is just trying to get CPS out of the way so they can step in and you're left powerless.

In guardianship, you're the legal guardian - but parents retain ALL rights...in most cases, it just means you can 'sign as the parents would' in cases of school/legal/medical related things - but it does not make you a replacement parent...in Guardianship, rights don't transfer to you..

Just make sure you're going in this eyes wide opened...because what you've said above doesn't make any sense to me at all...

[Tudu]

I just had LG of former fd's child, she mentally ill, off meds, and has not a penny to her name. She went to the court and signed a form to have me removed, her sister went to another county and filed for LG. They did not even need me to be there! They took the little girl for a scheduled weekend visit and refused to return her to us.

Brandy is right, this sounds fishy to me, too. We didn't need an attorney to do this , we just filed at the courthouse.

[athikers]

I, too, feel you are being misled. In my state it is much like Brandy said... parents retain RIGHTS to see their child, RIGHTS to make certain decisions for their child etc. It is nothing like adoption. Tread carefully.

[JSAUNTIE]

Thank you for you input and we have already ask all of those questions thru the CPS attorney who wants to file TPR but said it is a huge legal risk he is putting in the guardianship papers we will not allow visits because of everything that has happened with the SA and so forth We understand that this will not take thier rights but we are planning on filing the adoption when we see what happens with BIL case and SIL gets back from Iraq if she does. The way our laws read it doesnt remove the parents rights it suspends them giving us all the rights till the guardianship is removed by a judge. We will also still have CPS providing his medicaid and we will still get money for him. So if they ever try to step back in we will have their help as they have said. CPS wants to do the TPR and stay involved but the State attorney says they dont have enough until BIL is convicted if he is. It is very confusing but pretty much if he gets out of jail and isnt convicted then J will go back to him. So this way he has to hire a lawyer to get him back and he will never have that kind of money he is always broke and has never had anything. But I thank all of you for the thoughts and well wishes I will keep you updated.

[BrandyHagz]

Interesting.

If you're really in the state listed on your profile - that is NOT how the statutes read at all. The only Guardianship which transfers/freezes parental rights in that state is Standby Guardianship - which is only for dying parents.

[mom2behappy]

I beg you to confer with an attorney of your own not cps attorney especially not bil attorney, you will be making the biggest mistake if you go for gaurdianship once you become guardian YOU WILL NOT recieve any funds and will have to apply for medicaid on your own. not to mention dad or mom can just go back and have guardianship removed no need for a lawyer simply go back to court and say i want to reverse guardianship. he or she wont need a lawyer to do that. your best option right now to keep the child is to allow him to remain a foster child where the state has custody. and the parents have to complete their case plan to the t in order to have him returned.

[JSAUNTIE]

I truely understand everyone looking out for our best intrest I am going on what our attorney who has nothing to do with CPS has told us and what CPS has told us. We do qualify in our state for what is called Subsidized Guardianship were the state still provides the medical and the financial support for the child we have done alot of our own research and this was a very hard decision BIL has done everything in his caseplan and if found not guilty he will get the child back unless we do this. I know in my heart he beat and molested the other children and I cannot send my son to him for him to do the same things to. We have been given alot of reading material as well as consulted with our own private attorney and this is what is in the paperwork for our state under Termination of Guardianship

When a guardianship of a minor is in place because of the age of the ward, the guardianship may be terminated when the minor reaches the age of majority. The guardianship may be reinstated by the court after the ward reaches the age of majority, where it can be shown that the ward still requires supervision. Guardianship may be terminated if the ward marries. Guardianship is automatically terminated at the death of the ward. In addition, the guardianship may be terminated, and a new guardian appointed, when it can be shown that the guardian did not adequately perform his or her duties to the ward.

This is where our lawyer told us they have to prove us unfit not that they can care for the child. We are following the lawyers advice and are going to day to fill out the guardianship papers. Thank you all for your input and I understand everything you are saying we have already fired all this at our lawyer. We wanted to be fully aware of what we are doing. Our lawyer is going to file for the adoption as soon as we have the evidence we need. And I know this is the way to keep this baby safe. I am sorry if we are in dissagreement on this point. But I am doing what is the best for our family thank you again for the opinions and I will ask for your prayers.

[mom2behappy]

why would a judge even agree to guardianship @ this point? I know how u feel abot bil personally. but from a legal standpoint if the judge or courts have yet to find him guilty would a judge even give guardianship? im just not clear on why they believe that they have enough for you to obtain guardianship @ this stage where bil has not been found guilty but not enough for termination? even still bil will still have to agree to guardianship and has the right to appeal that if he doesnt agree and its ordered.

[enchansin]

When my brother was 13, Me and My husband had guardianship over him... but when my mom wanted him back she had no prob reversing the guardianship.. and she didn't have to prove nothing... talk to lawyer and make sure he telling you right.....

I do wish you luck I hope things have changed in your case