Question by Jessica: Can the child we have guardianship of be taken away from us by his mother?
My main question is: Can the child we have guardianship of be taken away from us by his mother?
This is in South Carolina.
The child is now 2 years old.
Long-back-story-short: My husband and I took in his cousin’s baby when she got in trouble with DSS because they found meth in his system. We had him from Febuary until November of 2009, then the mom (we’ll call “M”)got arrested, and instead of getting bail or anything, she got to go to a rehab center where she learns to be a good parent at the same time. While at the rehab center, we were not allowed to visit him at all. In February of this year (2010) she got kicked out of rehab and DSS placed him with us again. After “M” couldn’t stay clean after rehab, she finally agreed to sign over guardianship to us on May 19. Now she thinks that all of a sudden she can do whatever she wants and come and try to get him and take him places and him stay over at her house for hours. We haven’t let her take him anywhere, and all her visits are supervised, but she keeps wanting to be alone with him and her boyfriend. Anyway, we weren’t going to let her do anything like that, but her mother told us that since we only have guardianship, that she could take us to court and get him back just because she’s his mother. If she tried to take us to court, would she have a leg to stand on? Should we go ahead and try to seek legal counsel? Any other suggestions?
Before and after she went to jail/rehab, the rule was that if she stayed clean, went to parenting classes for 5-12 weeks, got a place to live, and a job that she could get the baby back.
When she signed the guardian papers, it made the DSS no longer involved. So DSS isn’t anywhere in this at the moment.
Best answer:
Answer by Cherry
To answer your question if DSS gave the child to you then NO she cant take him. She has to go throw them the dss. there is a restrain order basically from DSS. she can go to jail for it. She will be charged with child endangerment. with the baby having meth in his system NO state will release him/her back to the one that done the damage. contact the case worker the case they will protect the child. And do as you are and dont leave her with the child. as for Legal counsel you should be covered with the DSS.
good luck
Add your own answer in the comments!
No. If she signed over guardianship she gave up all rights she ever had as a parent. You are his legal parents now and she can’t do anything about it.
She can possibly take it to court and get it reversed but it’s very unlikely that will happen. She could say that she was in a poor situation at that time and was cohearsed into giving him up when she really didn’t want to. She can also make the case that now that she is better and of sound mind and body she should be intitled to have him back. Anything is possible. So if she does take you to court I would make sure you have a good lawyer just in case.
That actually sounds like a good idea, talk to a lawyer now so that you can be pro-active about the situation and maybe find away to avoid having to go to court, and if you do end up having to go to court then you will be better prepared.
-Connor
She is exactly right. She has every right to file a petition to terminate the guardianship. The judge will determine if the guardianship is still needed. If mom can convince the judge that she is off of drugs & able to care for the child, then the child will be returned to mom.