Legal Question in Family Law in Arizona

Regaining parental custody from a guardianship

How to go about regaining custody


Asked on 3/06/07, 9:26 am

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Re: Regaining parental custody from a guardianship

An answer depends on how the other party obtained guardianship over the children. ONE: If you just signed the guardianship over, normally you can revoke the guardianship. If there was a court order, you would need to file papers in court requesting the guardianship be revoked. You can hire an attorney or just file the request on your own. TWO: However, if CPS or other agency was involved with child welfare concerns, the court may have ordered a guardianship in the best interests of the children. You would need to request from the court that the guardianship be revoked and the children returned to you. You would need to be prepared to show the court why the children would no longer be at risk. For example, if a parent had a drug use problem, you would need to show that you�ve been clean & sober. This could be shown through routine drug testing, attendance at AA or other counseling programs. GOOD LUCK

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Answered on 3/07/07, 10:41 am


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