If my children’s grandparents have guardianship of them,legally what is my legal positionif I still have parental rights?

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If my children’s grandparents have guardianship of them,legally what is my legal positionif I still have parental rights?

I am going to petition the courts soon to terminate and regain custody. They never terminated my parental rights to them. When their father and I got a divorce the courts named me as custodial parent. Which I don’t understand. But I want to know what rights I still have to them because when the grandparents get mad at me for anything they won’t let me see the kids. She is very controlling and my youngest is soo upset. He cries on the phone and to me because of this and it happens all the time. I am fully involved in there life when I am alowed to be.

Asked on August 27, 2010 under Estate Planning, Michigan

Answers:

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

Answered 10 years ago | Contributor

I do not understand either and I think that someone would have to read the paperwork to tell you what happened.  But if your rights were not terminated and you are the custodial parent then I would indeed petition the court to terminate the guardianship f the children and to re-gain control of the situation.  You need to speak with an attorney to make sure that you have everything in place in order to show the court that you a well thought out "plan" so to speak for living, health care, a job and food, school for the kids, etc.  You need to prove that being with you is in the "best interest of the children" and that you are being denied your parental rights.  Good luck.


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