Thread: True Recovery?
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Old Sep 05, 2010, 12:23 AM
TheByzantine
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Hello, fearfulfrog. I was unable to find the actual New Hampshire laws online. I did find this:

Terminating Guardianship
  • A guardianship is terminated upon order of the Court, death, or a finding by the Court that the ward is no longer incapacitated.
  • A ward may request the termination of guardianship every year and a hearing is held at which the guardian is required to prove that the grounds for guardianship continue to exist.
  • Upon termination the guardian shall file a final account within 90 days or a death certificate within 30 days.
As I understand your situation, your sister was appointed guardian of your child. You are not under a guardianship. Do you know why the Guardian Ad Litem (GAL) is opposed to terminating the guardianship so you may regain custody?

It seems to me, if you can establish to the satisfaction of the court you are capable of caring for your child, the guardianship should be terminated. I do not understand your parental rights have been terminated. A capable parent in all states is entitled to custody of his/her children.

I see why you think the procedure for regaining custody is confusing. A good domestic relations attorney would be helpful. My thought is you need to petition the probate court to have have the guardianship terminated and regain custody.

Good luck.