Custody

Mickayla - posted on 02/25/2015 ( 12 moms have responded )

7

0

2

Hi, I had a problem with my mother-in-law she took my child from me and told me if I didn't sign a temporary gUrdianship letter that was notarized that id be arrested. Well the nieve me signed it. So what I'm asking if the letter is just noterized and not in courts how hard is it for me to get my baby back even though through courts IM parental guardian?

MOST HELPFUL POSTS

Michelle - posted on 02/28/2015

3,554

8

3244

Like some of the others have said, get yourself a lawyer and fight to get your child back. If the letter wasn't court ordered then she can't keep your child.
Maybe even the police could help if she doesn't have any court papers saying she can have your child.

Raye - posted on 02/26/2015

3,761

0

21

So, you were accused of something. CPS was investigating and didn't want you alone with the child. Those charges were dropped. At what point did you sign the letter giving guardianship to your MIL? If it was before the charges were dropped, then you might have a better chance of fighting it. If it was after, then the courts are going to be like us, very confused. A notarized letter is not a court order giving custody. But the court will want to know why you gave up guardianship, and make a ruling that they feel is in the best interest of the child.

Michelle - posted on 02/26/2015

3,554

8

3244

I think you need to tell us the whole story.
If you aren't allowed to be alone with your child there would be a good reason.
You won't get any useful answers until we know a bit more.

12 Comments

View replies by

Jill - posted on 03/01/2015

87

5

0

I agree with Michelle and Dove and I am restating my own recommendation from a few days ago. Only a judge can make an order to remove a child from his or her home. A notary republic or lawyer does not have the authority no matter what the paper says and no matter who signed it. It sounds like your MIL is exploiting your fears and lack of knowledge about your rights. I would call the police and ask for a peace keeping mission. A police officer would go with you to your MIL's house and help you remove the child back into your care without an incident. You may need to have paperwork like the child's birth certificate and your own picture ID to prove to the police that you are the legal parent. You may also want to ask a social worker to attend with you. Your MIL does not have the legal authority to keep your child against your will. Actually, that is kidnapping and if she resists, you could have her charged with a crime. You have to stand up for your rights and you have to use the community systems that are available to help you maintain your rights (police, CPS, etc.)

Good luck!

Mickayla - posted on 02/28/2015

7

0

2

I'm aloud to be alone w my daughter, someone called CPS on me and they thought I was on drugs so they said I wasn't aloud alone with my baby. She ended up takin the baby before they tested me n I signed the papers bc she said I'd be arrested since I wasn't alone w her at the time n she's be put in foster care. I did my test, they closed the case. Now all that's standing in my way is that noterized paper

Jill - posted on 02/26/2015

87

5

0

It sounds to me like you don't really understand the system. You need a lawyer who can explain your rights and responsibilities to you in simple clear language that you can understand. If your child is in danger of abuse or neglect by you, then the courts may support your MIL or other family member, but if the child is safe in your care, then the courts will most likely support you. The courts always consider the best interests of the child first, not the parent(s).

Contact a lawyer if you can afford it and if not, contact Legal Aid.

♫ Shawnn ♪♫♫ - posted on 02/26/2015

13,207

21

2014

So what I'm getting here is: You have an open CPS investigation going on you, your MIL was either granted temporary guardianship, or the child was placed with her during the investigation? CPS, if they're going to remove a child, will generally have arrangements in place, and a foster home ready, unless a family member is willing to intervene and take the child.

So, was the document you signed a CPS document?

And, when CPS closed their investigation, did they find that you could parent your child without putting her in danger? If so, then you should be able to use that paperwork to get the guardianship reversed. If not...???Who knows.

Your posts really don't make a lot of sense, and you either have responded and subsequently deleted responses, or you just don't want to make a lot of sense...

Jodi - posted on 02/25/2015

3,520

36

3906

What accusation? So you aren't allowed to be alone with the baby? Why? If you can't be alone with your own child, this makes a HUGE difference on how you will get custody back.

Mickayla - posted on 02/25/2015

7

0

2

Bc cps said they didn't want me alone with the baby till the accusation what solved which was and dropped BUT since I wasn't allowed alone she said if I didn't sign her over I'd be arrested n she'd be put in foster care n I didn't want that

Jodi - posted on 02/25/2015

3,520

36

3906

What would you have been arrested for? I think that is the deeper question here.

Shayonna - posted on 02/25/2015

3

0

1

If u are a good mother then u should have no issues getting your child back no judge wants to take a child away from the mother but y would u sign the paper if u didn't want to give the baby up?

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms