How do I restore my child custody parental rights? 9 Answers as of May 12, 2011

My husband and I split up and neither one of us were in the position to take care of our daughters. We agreed to give His aunt and uncle custody. I was told by their lawyer that they no longer gave just guardianship. I am now having trouble getting to see them, and I would really like to get them back in my home what can I do?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
If there is a custody order in place, you would need to show a change in circumstances in the custodial home that is adverse to the children's best interest. Stay well.
Answer Applies to: Alabama
Replied: 5/12/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can go to court to terminate the guardianship, you need an attorney.
Answer Applies to: California
Replied: 5/12/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
If everything happened in the Probate Court, go back there and apply for custody.
Answer Applies to: Connecticut
Replied: 5/12/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Since you don't say precisely how you gave up custody, a complete answer isn't possible. Assuming you did so through some kind of judicial proceedings, the basic requirement is to reopen those proceedings. The decision will be based on what is best for the children, so there are many factors involved; but, as a parent you have very strong presumptive rights. If there have never been any court proceedings, you need to consult a lawyer to look into what the best way of regaining custody would be.
Answer Applies to: Colorado
Replied: 5/12/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer depends on what rights were granted and how they were granted. A Guardianship may require filing a Motion in Court seeking to modify the Court order appointing the Guardian and/or allowing parenting time based on a particular schedule. You should consult with an attorney in your area.
Answer Applies to: Minnesota
Replied: 5/12/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    In Washington, depending on the orders that were entered, it may be possible to file a motion to modify the parenting plan. You would need to see an attorney to find out more about that possibility.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    If you gave them custody and not just a guardianship you will be facing a difficult task and I have many questions before I can help you.
    Answer Applies to: Oregon
    Replied: 5/11/2011
    The English Law Firm
    The English Law Firm | Robert English
    You can petition for the removal of guardian and request visitation or custody. You will need an attorney familiar with custody issues.
    Answer Applies to: California
    Replied: 5/11/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    Your course of action depends on what the original arrangement with the aunt and uncle was. If there was a guardianship in place you may be able to terminate the guardianship and seek return of your children. If you signed a release of your parental rights there are methods for setting that aside in limited circumstances.
    Answer Applies to: Michigan
    Replied: 5/11/2011
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