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ok here is the situation:
my fiance and I have sole custody of his son and his son's brother(not my fiances) from the same mom but different dad. The mom has supervised visitation.
she comes in and out of their lives as she pleases, the kids have been in our care for a year and two months now, since the youngest was 4months old and he is now 18months old. we have had custody since may.
the babies dad has seen him 2times since may, once of which he took him for a weekend in june and brought him back horrible, soaking wet, heat exhausted( it was +29celcius out and he was in jeans, onesie and sweatshirt) poop encrusted around his testicles etc.(i took pics) so i called our court counsellor and she told me since he only has visitation i have the right to say no to him taking him anymore.
so we have told him that once. that was in sept. and he hasnt called or come to see him since.
Their mom, has seen them 3times since may, each time they have a huge time adjusting ad usually act out for 2-3weeks after...well more so the 3yr old. she never calls and hasnt asked about visiting around Christmas yet. i have been in touch with the court counsellor and she says i habe the right to say no when she wants to visit. the only thing she can do is take us to court for access.
my question is can we take her to court to terminate her guardianship? or do you think she would fight us?