Even if a parent originally consented, she can still request the court to terminate the guardianship. Parents consent to guardianship due to illness or inability to care for the minor. Courts generally approve these types of voluntary guardianship terminations fairly quickly. However, if the guardianship was involuntarily, courts look very closely before ending the guardianship. The petitioner must prove that ending the guardianship is in the best interests of the child. In this case, many courts also allow the child to testify and require input from the guardians and social services.
Determine if you can petition to terminate guardianship. For example, in California, only the child, a parent or guardian can petition.
Complete the petition to terminate guardianship, the notice of hearing and the order for termination. Petition includes child's full name and date of birth, guardian information, your full name and relationship to the child. Include your reasons for terminating the guardianship arrangement.
Sign and notarize the petition.
File the document with relevant court clerk and pay the filling fee. The clerk schedules a hearing date and assigns a judge.
Provide notice to all involved parties at least 15 days before the hearing. In some jurisdictions, the court clerk mails written notice of the termination hearing to all parties by first-class mail.
Attend the hearing and state your case in front of the judge. Explain reasons and present concrete evidence to the judge why he should terminate the guardianship. Examples of evidence include witnesses that attest to your abilities to care for the child, health records and doctor’s notes. In some jurisdictions, courts require positive reports from social services. If the judge rules to end the guardianship, he will sign the order to terminate.
File the signed order with the court clerk to complete the process.
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