Full question:
My husband and I have been legal guardians to two of our grandchildren for the past five years. One of the children has aggressively threatened my husband and myself with a knife and verbally stating that he will kill us. He was placed in juvenile detention and later a mental facility. Upon his release he went to live with a great aunt and uncle who recently had him removed from their home because they couldn't trust him. His probation officer put him back here stating that as legal guardians we have no choice but to let him live here. We can not do this any more, we can not live in constant fear anymore. What do we need to do to have legal guardianship terminated? (We live in Kansas)
- Category: Guardianship
- Date:
- State: Kansas
Answer:
In Kansas, to resign as a guardian, you must file a verified petition with the court that appointed you. A hearing will be scheduled, and if the court finds sufficient evidence, it may allow your resignation and terminate the guardianship.
The petition should include:
- Your name and address.
- The child's name, age, and current address.
- The name and address of the current guardian, if different.
- The reasons for your resignation or the need for removal.
- The names and addresses of witnesses who can support your petition.
- The name and relationship of anyone you suggest as a successor guardian.
- A request for the court to allow your resignation or appoint a successor.
Once filed, the court will set a hearing date and require notice to all interested parties. The court may appoint an attorney to represent the child during this process. If the court finds that you should be allowed to resign or removed, it will revoke your guardianship.
For more details, refer to Kansas Statute 59-3088.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.