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Can I terminate the guardianship of my son from my mother

  • Thread starter Thread starter glnoone
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glnoone

Guest
We live in California.

My son, who is 12, has been living with my parents since 1994. They live about 1 1/2 hours from me. I and his dad been divorced since 1993. I go there every two weeks or bring my son here for the weekend. I am totally involved in his everyday life.

The reason he is living with my parents is because they live in a very nice area by the beach and he goes to a great school. My parents don't work and they were more than willing to take care of my son on a temporary basis when we decided that he will stay with them for a while in 1994. As years went by, we decided that it would be best for my son to stay with my parents since the school district is much better than where I live and that he would be taken care of after school since I work full time.

In the end of last year, my mother approached me with a proposal to sign a paper for her to get a guardianship of my son. Her reason for that, she said, was since I wasn't working at that time (which was for a period of 5 months), she wanted my son to have medical insurance and since my dad used to be in the military, they were able to get the medical coverage for my son for free if they would be his guardians. I agreed since I didn't want my son to be without insurance even for such a short period of time. My mother also asked my ex mother-in-law and she also agreed, but my ex husband didn't. Now I know that he was right. I think my mother said in court that she couldn't find him, but she sure did.

Well, sometimes in January I received a letter from District Attorney's office indicating that I owe child support for my son. I was really surprised since I thought I had a full custody of my son and guardianship is nothing but just a temporary guardianship and has nothing to do with a custody.

My ex pays child support on and off and I am always after him, going back and forth through courts to get the money on a regular basis, but it's not always working. When I was receiving the money and giving them to my mother, I was always on top of it, but now since the Attorney's office transferred the payments directly to my mother, the money are not coming on time or don't come at all. My mother is upset and now she is trying to get the money from me. I pay for my son for some expenses. I also paid for his insurance at my old job and am willing to pay now since I am working again, but not able to the child support.

My mother is not in need of money. When I received the letter from the DA's office and told her about it, she said she has no idea why they did that and it is out of her control and she also said not to worry about it. That even if moneys will be deducted from my pay check, she would still give it back to me and that she doesn't need the money from me. The only reason she said she wanted to have my son living with her and my dad is because it would be better for my son, but now she totally changed her politics and she actually tricked me into signing the guardianship paper. I never wanted to give my son to her legally and I don't think I should. I actually wanted for him to live with me and we discussed this many times. I was looking for a good school for him to go to even though these schools are not close by, but my mother would always tell me it is better if he stays there for little longer. She really can't say that I am an unfit mother since there are no evidence that I am. I never abandoned my child.

She doesn't care about anything anymore, but talks about money. It became a cult for her.

My questions is how can I revoke a guardianship from her and what is the difference between the guardianship and custody.

Thank you.


 


LegalBeagle

Senior Member
glnoone said:
We live in California.

My son, who is 12, has been living with my parents since 1994. They live about 1 1/2 hours from me. I and his dad been divorced since 1993. I go there every two weeks or bring my son here for the weekend. I am totally involved in his everyday life.

Did no one tell you that having a child would be hard work? Seeing the child every two weeks is not being 'totally involved' in his life.

The guardianship obviously gave your mother temporary custody. It seems the only thing you are really upset about is having to pay CS.. and your solution is to cancel the guardianship so as to not have to pay to support your child. Does this mean you now want the child back or still wish him to stay with your mother?
 
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glnoone

Guest
I never gave my son to my mother and no one is doing me a favor by having him there. My parents always wanted to have another child when they were younger and since it didn't happen, this is their chance.

We just thought it would be best for my son to be there with them for a while, but never on a permanent basis. It would be selfish on my part to have him to live with me. I have no one to take care of him after school like some other parents and I am not able to pay for child care after work.

As I stated before, I was already looking into some schools in my area, but then we decided again that he needs to at least finish the school year, but since now my custody of him is in jeopardy, I would like to expedite the idea of him living with me.

And as far as the money are concerned, as I stated before, my mother is not a needy person, she is just trying to prove something.

I respect your opinion, but I really didn't get any answer to the question that I had.
 

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