Questions for a friend about guardianship

[Stepmom0418]

I have a friend that is dating a man that is a ncp. He has just found out that there has been a ongoing court case involving the guardianship of his dd. BM of the child has very little to do with the child. The guardianship case has been ongoing since 1995 and child has lived with guardian since then. Guardian has her own mental issues. The ncp wants to know what his rights are as far as custody goes? He has a relationship with dd and has been having eow visitation with dd for quite some time. Now suddenely the "guardian" is denying him visitation with dd. There is no visitation co and the only case we can find in regards to the child is the guardianship case.

Anyone got any advise? Know anything about how a guardianship case works? Do they have to notify the ncp? (He pays support and is current with support)

I personally know nothing about guardianship cases and thought that maybe someone here could help us out a little.

[Taichi]

Normally any involved parent would be able to get custody over a guardian, especially since she just has guardianship, not custody.

Why dont you email me at [email protected] put custody as a subject and Ill try to help you more.

[SLYarnell]

The law just isnt that straight forward.

[Stepmom0418]

SLY,

You sound like you might have some experience in regards to guardianship cases. I would really like to hear some information in regards to this and if you would be willing to share it might be helpful to my friend.  

[Stepmom0418]

Stepmom0418

[SLYarnell]

my inbox says its empty.  But then I have never tried a PM before so maybe I am doing it wrong.  You can email me at [email protected]

Shellie

[Taichi]

Well there are a lot of unanswered questions like:

1. Why does the guardian have guardianship?

2. Why isn't the BM involved?

3. Can you prove the guardian has mental issues?

4. Why is the guardian denying visits?

5. Why was there no visitation co?

The only guardianship cases I have personal expierence with is a guardianship of an adult, however I do have sources for which I could find something out for you.

[Stepmom0418]

I dont know alot about the situation and am trying to get in touch with my friend to see if I can find out more.

The main thing I do know is that BM does not see child much and the guardian has many issues that even an outsider can see. Child has been seeing a  counselor and the counselor stated to my friend that the guardian has painted a lop sided picture of the situation.

The guardian is very pursuasive and people dont seem to see her in the light you or I would. The people in the small community see her as an older adult that is helping 2 dead beat parents that just dumped the child on her. Well...........BM did just dump the child on her but the father had no idea of the situation till now.

I will see what other info I can get and then i will come back and post the rest. It may take a few days to get the answers but I will be back when I know more.

[SLYarnell]

probably the MOST important issue is going to be why didnt the dad do something about this before now?  

In our case my SD was hidden from us for several years (name changed, moved out of state, etc) basically kidnapped.  We found her, spent in excess of $80,000, proved our worth to have her and have had regular ct ordered visits since we found her.  The "host mother" guardian threw a knife at the "host dad" guardian and hit him in the butt requiring him to have emergency medical treatment and they STILL wouldnt terminate the guardianship!

The system SUCKS!

What state do all the parties live in?

[Stepmom0418]

I do know that the father at one point was incarcerated. I know that is not a good thing but I also do know that some people do change and can make their lives better. This man has changed his life and would be the best parents to have physical custody, thats even over the guardian. The guardian is an older woman (no offense to anyone) and she is loosing her memory. The home is filthy and the child has had many episodes of lice. infintago, (sp) and ect. The father has been documenting everything for the past year and been trying to keep his relationship with his dd even though there is not only interfeerance from BM but the guardian as well.

Dad was not even told anything about the guardian and had no idea that there was a court case that appoints the guardian. He was in no way a part of this case and recieved NO notification of this case.

He has been doing very well for himself for the past 3 years and is looking for a way to save his dd from the situation he is in.