How does legal guardianship work ????

Question

we want to get legal guardianship of granddaughter,but we do not want the parents to come back and try and undo everything that will be done. Big Question is can either one do this (mom or dad) ?

and if so how,she has lived with us her whole life.

thanks

Answer 1

Petition the court for full custody for your granddaughter, having both parents sign away their rights to guardianship. This way you will be covered and neither parent can come back and say they did not want to give up parental rights. If one parent is unwilling you can prove them unfit if it comes to that.

Answer 2

You may not want guardianship.  You may want conservatorship.

That you asked the question the way you have indicates that you have not yet consulted an attorney.

Any order on guardianship or conservatorship can be re-visited by interested parties at a later time when they may try to prove that circumstances have changed.  Either parent may take this action.

Consult your attorney as soon as possible.  At many points in this child's life, you may need to prove that you have the authority to act on her behalf (e.g., school, medical decisions)

Answer 3

It depends on what state the child resides in. In Texas, you will have to sue to have the State terminate the parent/child relationship and formally adopt the child to make it 100% airtight.  You could also sue to have the State take away all custodial rights and give them to you, but the parents could always sue to get those rights back.  You need to talk to a lawyer in your area who specializes in family law.    

Answer 4

well first off do you have the rights to be able to make the decisions for this child if they were to suddenly be sick and need medical attention??

secondly did the "mom" have her parental rights taken away from her at some point and time?? Also does this child even know who there mom is? I mean has she had anything at all to do with the child since day one, or has she just stood back and let you take over the care and well being of this child??

Have you had Social Services involved this whole time, not meaning it any bad way what so ever just a question??

I'd say if you get all your ducks in a row so to speak, that there could be a very good chance for the child to become part of your family which they've always been since how the Bio logical mom hasn't been there for them

How could a mom let someone else take her kids what kind of person is that? I know she's your daughter so I'm sure that you have tons of questions and alot of pain watching the child not knowing who he "belongs too" so to speak if that makes sense,

I'd say that if u go to court opened minded and take all the documentations with you and your social service worker along, theres a good chance that you'd be able to keep her..

Does she see this child at all???

Sorry I keep saying that but that really bothers  me alot that you'd walk out of your childs life like that... Someday she's gonna have alot of questions from the child and she'll have to deal with it then... Best of luck and do keep me posted..