Legal Question in Family Law in Kansas

Can a Legal Guardianship be revoked at anytime, or reason by the child's natural

My wife & I have been legal guardians of our granddaughter for 5yrs.. She is now 6yrs. old. The guardianship was initiated by the mother at our request so we could put our granddaughter on my health insurance, and because the mother was financially unable to take care of her. We also wanted the attorney to indicate in the court papers that the mother also had a drug problem, but he said, it wasn't necessary since the matter was uncontested. Now, the mother wants her back, and we're told it is not a question of who is more fit for custody, but it is her constitutional right to regain custody! We know that she is still not fit or capable of taking care of her child, but we could only take her to court after she gets custody of child. This would be nearly impossible since she lives somewhere in Calif.,and once she is gone I'm sure we'll never see our granddaughter again. All of the mother's family believe the child is in the best place now, & back us 100%. Unfortunately, they have no contact with her either. What can we do to stop this, other than going on the run ourselves? Our granddaughter doesn't want to go, she considers my wife her mommy, and calls her that!

Asked on 12/10/04, 3:15 pm

1 Answer from Attorneys

Su Linda Jamison Jamison and Associates, LLC.

Re: Can a Legal Guardianship be revoked at anytime, or reason by the child's nat

There is a lot more information I would need before I could advise you, however, you may be able to file for custody of your granddaughter if certain factors exist. I welcome you to call to discuss this further. 913-371-0600

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Answered on 12/10/04, 3:45 pm

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