My Girlfriends Parents have guardianship and are ruining our lives

[matt3124]

Hello, I reside in the state of kentucky.

Ever since my girlfriend was 18 her parents have had adult guardianship over her under the grounds that she is "mentally incompetent" (which I know is not true)

They have never liked me and continue to threaten her by saying they will put her in a group home, make sure she never see's me etc....

I'm in love with my girlfriend and I want to marry her but her parents are making our lives hell.

I have two questions:

1. How hard is it to get the guardianship removed?

2. If I were to marry her, would guardianship be automatically transfered over to me instead of her parents? (I don't actually want guardianship I just don't want them to have it so we can be left alone)

I also wanted to mention, she has her own apartment and a full time job, so I know nothing is wrong with her.

 

[LdiJ]

Hello, I reside in the state of kentucky.

Ever since my girlfriend was 18 her parents have had adult guardianship over her under the grounds that she is "mentally incompetent" (which I know is not true)

They have never liked me and continue to threaten her by saying they will put her in a group home, make sure she never see's me etc....

I'm in love with my girlfriend and I want to marry her but her parents are making our lives hell.

I have two questions:

1. How hard is it to get the guardianship removed?

2. If I were to marry her, would guardianship be automatically transfered over to me instead of her parents? (I don't actually want guardianship I just don't want them to have it so we can be left alone)

I also wanted to mention, she has her own apartment and a full time job, so I know nothing is wrong with her.

She would need to petition the court to remove the guardianship. However, having her own apartment and a full time job does not necessarily mean that she is competent to handle her own affairs. How long have you known her? Does she handle her own bills and money and other personal business matters?

 

[Just Blue]

Hello, I reside in the state of kentucky.

Ever since my girlfriend was 18 her parents have had adult guardianship over her under the grounds that she is "mentally incompetent" (which I know is not true)

They have never liked me and continue to threaten her by saying they will put her in a group home, make sure she never see's me etc....

I'm in love with my girlfriend and I want to marry her but her parents are making our lives hell.

I have two questions:

1. How hard is it to get the guardianship removed?

2. If I were to marry her, would guardianship be automatically transfered over to me instead of her parents? (I don't actually want guardianship I just don't want them to have it so we can be left alone)

I also wanted to mention, she has her own apartment and a full time job, so I know nothing is wrong with her.

Please define ;" mentally incompetent" .

 

[ecmst12]

I have no idea what this has to do with adoption.

If her parents really have guardianship, you won't be able to marry her without their permission.

 

[Zigner]

I have no idea what this has to do with adoption.

If her parents really have guardianship, you won't be able to marry her without their permission.

And if he tries...it can be reversed by the Guardians. Furthermore, OP may find himself with a restraining order against him if he keeps pushing this matter.

 

[OHRoadwarrior]

Could you marry her?

Sure

Is it legal?

Nope, not worth the paper it is written on. Marriage with a person who has been adjudged mentally disabled by a court of competent jurisdiction is prohibited and void under KRS 402.020(1)(a).


Can she attempt to get guardianship removed?

Sure she can try.

Submitted by amarlatt on Fri, 2009-08-07 11:10.

Guardianship

How to Change or End Guardianship:
Restoration of Rights

If you have a guardian, you can ask the court to restore your rights at any time. Your guardian or conservator, or any interested person can, too. The court can
• End or dissolve an order of disability
• Change or modify an order of disability
• Remove or replace a guardian or conservator
• Reappoint a guardian or conservator
Filing the petition
First, you must file a petition in the district court where you live. You can also start the process by sending a letter to the court or the telling the court what you want to do. Probably the easiest way to do that is to talk to the court clerk. If you need someone to help you file a petition, the court will appoint someone to help you. It might be an employee of the court. That person has to help you get the petition filed within seven days of being appointed.
What’s in a petition?
The petition has to have all the information below in it.
• Your name and address
• Your guardian or conservator’s name and address
• The name, address, and interest of the person filing the petition
• The name and address of your nearest family member, if you know it
• The name and address of anyone or any facility that has custody of you
• A list of the rights you want restored (you can say all your rights)
• Why your rights should be restored

What happens in court?
Your hearing should be held within 30 days after you file the petition. Sometimes the court may delay the hearing because it may order a team of doctors and specialists to evaluate you first.
You can have a lawyer represent you in court. If you don’t have a lawyer, you should ask the judge to appoint one for you. There’s no right to a free attorney, so you may have to pay for one. The lawyer is supposed to tell the court what your wishes are, not what anyone else thinks is best for you.
After the hearing is over, the court will enter a written order. It will either
• Dismiss the petition
• End or dissolve the guardianship
• Change or modify the original order
If the court ends the guardianship, it will enter an order restoring all your rights and privileges as a citizen.

 

[matt3124]

She would need to petition the court to remove the guardianship. However, having her own apartment and a full time job does not necessarily mean that she is competent to handle her own affairs. How long have you known her? Does she handle her own bills and money and other personal business matters?

Her parents won't let her handle her own money, they don't evan allow her to have a debit card and as for the bills they don't give her the chance to try to pay her own bills, they seem to want to maintain full control over her life.

And if he tries...it can be reversed by the Guardians. Furthermore, OP may find himself with a restraining order against him if he keeps pushing this matter.

So evan if I didn't marry her and just decided to help her take legal action in order to get her guardianship taken away they could get a restraining order on me evan if I'm just going through due process as a law abiding citizen?

 

[OHRoadwarrior]

So evan if I didn't marry her and just decided to help her take legal action in order to get her guardianship taken away they could get a restraining order on me evan if I'm just going through due process as a law abiding citizen?

Your general garden variety law abiding citizen, is not schtupping their daughter.

 

[matt3124]

Your general garden variety law abiding citizen, is not schtupping their daughter.

but she's 24 and there really is nothing wrong with her and I'm in love with her, she's the first girl ive ever really dated.

I'm not a bad person, her parents just hate me based off of assumptions, I feel like they have treated me very unfairly and if they find out were dating they said they will put her in a group home, so now I can't evan open up the lines of communication with them because if I do they will know we are dating.

but anyway to get back to my question, could they really put out a restraining order just for going through the courts? It's not illegal.

 

[davew128]

Your general garden variety law abiding citizen, is not schtupping their daughter.

And you know this....how? Maybe the average person IS and that's why they think she's mentally incompetent.

 

[ecmst12]

You don't have the right to do anything in court for her, that would be practicing law without a license and it's a crime. SHE can hire a lawyer to help her.

 

[Just Blue]

Her parents won't let her handle her own money, they don't evan allow her to have a debit card and as for the bills they don't give her the chance to try to pay her own bills, they seem to want to maintain full control over her life.



So evan if I didn't marry her and just decided to help her take legal action in order to get her guardianship taken away they could get a restraining order on me evan if I'm just going through due process as a law abiding citizen?

Will you please respond to post 3?

 

[sandyclaus]

Y'all also want to be very, very careful that you aren't engaging in a sexual relationship with this girl whom the parents/guardians have declared to be mentally incompetent, because under Kentucky law, that's going to be considered 2nd degree rape:

KRS § 510.050 . Rape in the second degree.

(1) A person is guilty of rape in the second degree when:

(a) Being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old; or

(b) He engages in sexual intercourse with another person who is mentally incapacitated.

(2) Rape in the second degree is a Class C felony.

If you think the parents are overbearing now, you would be looking at felony prison time if you cross that line.

 

[matt3124]

Please define ;" mentally incompetent" .

to be honest I don't really know all the details of the guardianship, in terms of how they consider her mentally incompetent. I just know that legally she's mentally disabled. Which I didn't know when I started dating her.

 

[matt3124]

Y'all also want to be very, very careful that you aren't engaging in a sexual relationship with this girl whom the parents/guardians have declared to be mentally incompetent, because under Kentucky law, that's going to be considered 2nd degree rape:



If you think the parents are overbearing now, you would be looking at felony prison time if you cross that line.

I'm actually younger than she is.

what about the romeo and juliet clause?