How do I rescind temporary guardianship of my child?

Question Details:I was incarcerated when my ex-in-laws made me sign temporary guardianship of my son. They have had him since 2004. I am now married and my wife has two kids. My son wants to come live with us. And the grandparents need to be grandparents. We want him back and he needs to be with us. We are working on having a kid of our own and want him to be involved in our everyday activity and lives. Gary is 8 and I think he knows who he wants to be with. He is the oldest out of the children and they all are happy together.

Asked 4 years ago under Child Custody, Support, Adoption | 2390 Views | More Legal Topics

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B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 4 years ago

I think the starting point for this will have to be a reading of what you signed to create the temporary guardianship.  It might be that you can simply revoke the guardianship with a certified letter.  Of course, if your ex-in-laws resist, or if the document makes things more complicated, you'll need to file an application with the court to get custody.  A lawyer could make a big difference here.

Ordinarily, parents have the first right to custody, over anyone else.  Grandparents can sometimes get considered, if the parent who is their child is deceased or otherwise "unavailable."

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