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  1. #1
    Join Date
    Feb 2013
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    2

    Default Guardianship of a Child Whose Mother is Getting Out of Prison

    My question involves a child custody case from the State of: MI

    My husband and I currently have guardianship of my nephew, 1 years old. We have had him since he was released from the hospital.
    Mother is (and was) in prison. Father went to jail twice since the child was born. Is out of jail but not very involved.

    The mother will be getting out of jail within a month or two. I've been told she will have to prove herself before getting the child back (a place to live, a car, a job, etc.)

    1. How long does she have trying to establish herself? I can't imagine it would be healthy for the child to live with us for five or six years and then be uprooted?

    2. What options do WE have? Though obviously our intentions are for the best for the child, can we try to adopt him after so much time?

    3. What if the mother gets back into drugs? Can we file for adoption?

    4. Will CPS get involved at any point? She has given her rights away to two other children because of her drug abuse already.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Guardianship and Cps-Mi

    Why haven't CPS been involved?


    Was the guardianship done through the court?

    Was it voluntary?

  3. #3
    Join Date
    Feb 2013
    Posts
    2

    Default Re: Guardianship and Cps-Mi

    CPS claimed they couldn't get involved while she was in prison.
    Yes, through the probate court and was voluntary.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Guardianship and Cps-Mi

    Then she can come back at any time and file to revoke the guardianship and sadly (for the child, perhaps) you'll have no recourse.

    Because CPS have not been involved, and because this is a voluntary guardianship, Mom doesn't have to prove anything. Her rights are still superior to yours.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Guardianship and Cps-Mi

    Quote Quoting jlorren
    View Post
    CPS claimed they couldn't get involved while she was in prison.
    Yes, through the probate court and was voluntary.
    Are you a full/permanent guardian or a temporary/limited guardian?

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