Legal Question in Family Law in Michigan

Primarily they will be looking at the reasons why your mother became the guardian in the first place. Did you consent to the guardianship, or was it ordered by the court? If you consented, you're in a better position, as you were acting in the children's best interests by placing them with a proper guardian while you improved yourself. Will your mother agree to no longer be the guardian? That will also factor in heavily. Even if she agrees, the Court still has to approve the change, as the court makes it decision on what is best for the children - not your or other mother. The fact that you have a steady job and have resided in the same place for 2 years show that you have gained stability and responsibility. When people move around a lot, the courts don't like the children being uprooted, especially if it means changing schools. The fact that you have a job - any job - is great, given the market conditions. Your overall goal is to demonstrate that any reasons you previously had for being unable to care for your children, no longer exist, and that you have gained stability, and can provide for your children financially, emotionally, and physically, i.e., your children residing with you and your mother no longer being legal guardian is in the best interests of the children.

Did you maintain a relationship with your children such as by regular visitation? Did you take them to doctor's appointments, participate in school events, provide for them financially? If you haven't been seeing your children several times a week for at least a year, that could work against you. Even if you're working 80 hours a week, your children should be your priority, which means spending time with them and still being their "mother" even though they do not reside with you. Ensure that you have maintained your relationship with them. If you need to re-establish a relationship, that involves baby steps and often a counseling, parenting class, group therapy, or reunification type counseling with you and the children. Be flexible and willing to do whatever the court requires - attitude and actions are everything. You've already taken major positive actions that demonstrate you are moving in the right direction.

Also, the children's father(s) will have standing to oppose or approve of your request if they still have parental rights, so take that into consideration as well.

Remember that the court doesn't have to say yes or no to your request - they can offer an "in between" such as temporarily making you the guardian for 3 months and then reviewing the case before making a permanent decision.

Also, if, by way of example, you were going through hard times, had an abusive boyfriend or spouse (thereby creating a bad and unsafe environment for the children), did not have a stable residence, or dealing with a substance abuse problem when your mother became their guardian, then you will need to prove that this is way behind you, and that you are a changed woman.

Bottom line is the common sense and basic answer: demonstrating why you are in a position to have your children reside with you and no longer have a guardian for them.

Good luck - I wish you the best.