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Revocation of Temporary Guardianship Louisiana

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  • Revocation of Temporary Guardianship Louisiana

    I have a few questions regarding revocation of temporary guardianship, and I hope that you can help. Here's the story first:

    My husband married his first wife in 1998, and they had a son. In 2000, my husband was incarcerated for a probation violation (drug use). His wife left their son with my husband's cousin's ex-wife and her husband, then disappeared, seeing her son only once in a great while since that time and making it clear that she did not want to have the child in her life on a full-time basis. In order to ensure that his son would have medical care, etc., my husband signed temporary guardianship papers, which we have recently gotten a copy of (so we know he did not sign away his paternal rights).

    While incarcerated, my husband requested and was sent to a "therapeutic program", where he engaged in daily classes and drug treatment. He was released in 2004, and has been clean and sober since then (actually since 2000). Upon his release, he divorced his wife. Also upon his release, he immediately began to call and visit his son in Louisiana (although we live in Virginia). The couple that has temporary guardianship were originally open to my husband being a part of his child's life, but let him know right away that they would not give the child up. The son was supposed to come to visit us for 2 weeks this past summer, and the couple refused to allow it, making up excuses about all of the "camps" he was signed up for. After that, they began to not return phone calls. In September, my husband was in Louisiana and paid them a surprise visit to see his son. They allowed him to visit, but since that day, have refused to let him visit again or talk to his son on the phone. In December, he went to Louisiana to take his son a Christmas gift. He showed up unexpectedly and with his father, so they had no choice but let him see his son. Since then, they have told him he is not allowed to visit, call, or send any more gifts.

    My husband and I have known each other for 23 years, but he was never the "type of guy" that I wanted to be married to until now. He has proven to me that he has matured, grown up, and learned what is important in life. He is employed full-time, and I am employed full-time. I am an Associate Professor of Nursing, so I have a good reputation in our community. We married in October 2005, and have had no problems in any way.

    We want to get custody returned to my husband, but are unsure as to how proceed. We are afraid that, if we have them served with papers, they will take the child away or send him away to other family members. The woman has already threatened my husband's life if he tries to do anything, and called his parole officer several times with complaints of harrassment (which were unfounded as he is as nice as can be when he talked to them on the phone, refusing to be ugly, especially in case they are trying to tape any conversations).

    So, after the long story, here are my questions:

    1. How should we proceed, knowing that they may do something drastic?

    2. What are our chances of having the child returned to my husband's custody?

    3. Do we need a lawyer, or is this something that we can file with the court ourselves?

    4. Any other suggestions?

    Thank you so much, in advance, for any help you can offer and for any light you can shine on our situation.

  • #2
    You need a lawyer.
    “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

    --Benjamin Franklin

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    • #3
      Originally posted by drnrse View Post
      1. How should we proceed, knowing that they may do something drastic?

      2. What are our chances of having the child returned to my husband's custody?

      3. Do we need a lawyer, or is this something that we can file with the court ourselves?

      4. Any other suggestions?
      1. Your husband needs to file for visitation and/or custody in Louisiana. If they try to "hide" the child after they are served with papers to determine custody, they will be committing a crime. After all, what do they plan on saying? "We lost the minor child, your honor, but we should still retain custody!"

      2. The chances depend on whether the judge sees your husband as fit. Being formerly incarcerated is not in itself a reason to deny someone their parental rights, but it might be baby steps: first your husband will be granted visitation, working up to custody. He may also be required to pay child support to his son's guardians.

      3. Yes, you need a lawyer, and you need to hire one in Louisiana. Lawyers are expensive, but in a case that crosses state lines, it is really in the best interest of everyone.

      4. Make sure your husband documents every encounter he has with the guardians. Also, your husband might want to consider discussing the entire situation with his parole officer (I am assuming he already has to some degree, but he may want to make a an appointment and have a sit down). With the parole officer kept in the loop, s/he will be aware of what is happening each and every time the guardians call to make a complaint against your husband.

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