How can I terminate legal guardianship or get my son from my cousin and her husband?

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How can I terminate legal guardianship or get my son from my cousin and her husband?

We agreed on a legal guardianship when he was young and now for the past couple of years she made excuses not to give him back. Can I get him back and, if so, how?

Asked on November 26, 2012 under Family Law, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You hail from the state of Mississippi, correct? Mississippi, like most states, favor custody to the natural parent or parents.  However, where guardianship and custody has been voluntarily relinquished it is not enough to only be the natural parent.  You can reclaim custody only upon a showing of "clear and convincing evidence" that the change is in the child's best interests.  I urge you to speak with an attorney right away.  Good luck.


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