How To Get Guardianship Of Your Child Back

3 February 2020
 Categories: , Blog


Did you lose guardianship rights to your child at some point in the past? If you did and now want guardianship rights back, there is a process you can use to do so. This process does not guarantee that you will get your rights back, but it is a process you must use if you want to try. Here are some of the vital steps you will need to take.

Find Out if the Guardian Agrees

The process to get guardianship rights back is much easier to do if the guardian of your child agrees to give you your rights back. The person who currently has guardianship rights of your child plays a huge role in you getting back rights to your child. You should talk to this person about the situation to find out what he or she thinks. If the guardian of your child agrees that you are ready to regain full parental rights to the child and is willing to sign off on the child, you can complete the process very easily and quickly.

What the Guardian Must Do if He or She Agrees

The guardian would have to file a petition for the matter in the local court. The court will receive the petition and review it. In order for it to go through, the judge would have to approve it, and a judge will base this decision on the best interests of the child involved. You may need to provide proof that you are ready and able to regain parental rights and control for this child for this to happen. If the guardian is willing to agree to this matter, it will likely be easier for the judge to also agree to it.

What You Can Do if the Guardian Does Not Agree

If the guardian is fighting you on this matter, you can still attempt to get your parental rights back, but the process will be more difficult. You would have to petition the court for this request, and you would have to show proof that you are ready to have these rights back. You may have to prove things to the court that involve your mental state, your financial health, and the changes you have made in your life since the time the guardian was appointed to care for the child.

You should consider talking to a family law attorney before you decide to take any action with guardianship requests, as this is the best way to decide how to handle your case.