Question asked on Oct. 24, 2019
Q: Hello, I am wondering what steps and precautions I should take into effect considering the nature of my custodial agreement between the courts and I. My daughter (age 4) was born under the influence of heroin and prescription medication without my consent or knowledge of therefore. I was informed, but not only till the following day; that her mom (ex) had went thru with the labor. She had signed over her parental rights to her mother(her grandmother). Blood tests were taken proving that I was and am in fact the biological father at the hospital. Within the first year, CPS was involved via my father. During this time I was still currently using drugs after she had been released to us after staying with CPS for two weeks. I had failed to follow up with my classes and sobriety tests between my caseworker and I and in this time her grandmother gained the title legal guardian over her due to the courts decisions. What steps are needed to get custody back of my daughter?
A: The answer to your question is to file a motion in the guardianship case to terminate the guardianship since you are ready to resume your role as a parent to your child. But these cases are extremely fact specific, and it would be inappropriate to try to be any more precise by email — you need a full consultation with a qualified family law specialist well-versed in guardianship law. In the meantime, you can review information on the subject here. Consider, if money is at issue, going to one of the free brief consultations available in both Clark County and Washoe County thorough legal aid.