Hello all, long time no see. Question about guardianship

[whippertizzy]

My cousin came in town the other day because his ex wife has decided to give gaurdianship to her mother.  My Cousin has no problem with this.  His son has lived with his grandmother every sense he started school.(My cousin lives in texas now and the boy asked to remain in illinois so he could go to school with all of his friends, everyone agreed that this would work out)

When My cousin got to the court room he said it wasn't like they expected him to show up which puzzled him.  He is an active part of his sons life, whether it be by the phone, coming to visit on all the boys school breaks, or taking him back to texas the day school lets out.  CHildrens Social services were also there.  

He told the judge that he did not object to the mother getting guardianship of the child as he did live with her during the school year.  All he asked is that it did not interfere with his visitation.  The Judge told him that if he agreed to this that He would no longer have the same visitation and that the grandmother would control when and how and where he saw his son.  That obviously set off alarm bells and my cousin imediately said he did not agree to the that then.  They have set a new courtdate in feb.  

My cousin has always paid his child support.  He has always picked up his son for the appointed visitation.  In the court the judge told him if he agreed that at first his visitation would have to be in front of the grandmother and he would no longer be able to take his son back to texas.  This puzzled my cousin and it puzzles me even more.  

It sounds like they are trying to take his parental rights away to me, or severely limit them.  The mother is giving up custody of two of her sons to her mother.  The fact that child social services was there also makes me wonder what was going on.   I told my cousin he needs to get a lawyer NOW.

My question is
1.  If you give someone guardianship of your child, does it work like this?

I know someone who has guardianship of a child and I am pretty sure they do not get to rule with an iron fist.  Or perhaps they just are not trying to, I do not know.

2.  Would Child social services just be at a hearing like this?  What purpose would they serve there if neither of the parents have done anything wrong?

3.  Since he is the father of the child, would he have the right to find out why they were there?  If the mother has run afoul of child social services, as the father could he find out why?

[jilly]

I think Soc would be the best person to answer this question for you.  It definitely sounds like there's more to the story than your cousin has been told.  Is there a possibility that your cousin could move to Illinois?  That might be the best option just to keep the status quo on parenting time.

[MYSONSDAD]

I agree with Jilly. This does not sound quite right.

Also include the time frame in which the child has been with the grandmother. That might having a bearing on this. You could also check to see if anyone turned him into Children Social Services.  

"Children learn what they live"

[whippertizzy]

When my cousin and his wife got divorced, he moved to texas to take a job there.  Their agreement was modified so that my cousin would get his son on school breaks, all summer and any other time agreed upon.

He comes to see his son several times a year besides the school breaks.  He has never missed a child support payment and has all the records to prove it.  He and his ex wife have always been amicable. She is still amicable but refuses to say why child services is involved.

Like I said, I told my cousin to get a lawyer right now ask questions later.  Something is very wrong with the picture.  

[jilly]

She's yankin his chain.  If things are so amicable then what's the problem with telling him why Children's Services is involved?

I hope your cousin takes your advice and gets an attorney ASAP.