How to Handle an Emergency Guardianship When Your Kids Are Taken From You.

My kids were taken by an emergency guardianship order. What should I do?

It is vital that if a situation arises where your children are taken from you, you address the issues presented in the emergency guardianship order and work to resolve them as quickly as possible. The following anecdote is a great example of how to handle an emergency guardianship order.

“I was down on my luck, lost my job and apartment, so I sent my two children to live with a friend. Within a month, that alleged friend filed for emergency temporary guardianship. She alleged that I had nowhere to live, no income and that I had a drinking problem.

At the emergency hearing, I had to admit that what my friend said was true; I didn't have a job or a place of my own. Also, my drinking had become problematic. The Judge granted the emergency temporary guardianship with a hearing for permanent guardianship within 90 days.

Not knowing how to move forward with regaining guardianship of my children, I contacted a legal aid organization and consulted with one of their attorneys. I was instructed to look at what the Court said in that Emergency and Temporary Order. This Order was good for 90 days, but it also gave me visitation with my two children.

After the order was entered, I made sure that I had a sponsor for my AA meetings. Soon thereafter, I obtained employment. After several paychecks, I obtained an apartment large enough for me and my two children. At the hearing on the permanent guardianship, I testified about my AA meetings and presented pictures of my residence. My AA sponsor testified as to my continued sobriety. The Ad Litem (the lawyer representing my children) affirmed, finding no reasons to not return my children to my care, even though their temporary guardian testified that she was afraid the improvement would be short-lived.

It's 10 months later, and my children are still with me. I am still sober, working, and we are doing great.”

If you are ever faced with a situation like this, the best thing to do is obtain legal counsel and then address the problems that allowed the guardianship to be filed in the first place. Organizations like the Center for Arkansas Legal Services are here to provide support and aid you in all manner of legal situations, especially situations like this.

If you are interested in how the Court tends to handle these cases, you can view and read a similar case in Devine v. Martens, 371 Ark. 60 263 SW 3d 515

AUTHOR: DARRYL TAYLOR, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES