How do I get my girls back??

Anastasia - posted on 08/13/2015 ( 4 moms have responded )

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I need some unbiased advice. I broke up with my ex/father of my children about 2-1/2 years ago. I moved out a little over 2 years ago, and I asked my parents for help with my girls. I am now living directly across the street from them in a mother-in-law's quarters not big enough for myself. I don't make enough where I'm working to keep my head above water (however that is about to change. As is my living situation). Anyway, they have been staying at my parent's house. And they have been somehow usurping the power from me. Keeping me from seeing them as I please. Actively excluding me from activities even on my days off. They have 6 month temporary guardianship so that they could take the girls to the hospital without issue if anything happened while I was out of town. They do not have custody. There is no court orders of any kind. Can they do anything if I try and take them back? I intend on moving into a more accommodating place as soon as I start this new (better paying) job...

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♫ Shawnn ♪♫♫ - posted on 08/14/2015

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A family attorney would be the best way to start here.

Dove - posted on 08/13/2015

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Have your kids been living w/ and being cared for by your parents for the past 2 years? I think it would be wise for you to consult a lawyer. If they were not granted custody you 'should' be able to see them whenever you want and take them out of that home whenever you want... but checking w/ a lawyer would be a good move either way.

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Raye - posted on 08/14/2015

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If the temporary guardianship has not expired, then there may not be much you can do until it expires. But you might be able to nullify the document by proving the situation has changed. If it wasn't filed through the court, then it may not be legally binding, anyway. A family lawyer familiar with the laws in your area would be the best advisor. If there are no court orders for custody, then I would think either you or the father could take the kids at any time. Grandparents are typically not eligible for custody unless the natural parents are deemed unfit or otherwise relinquish custody to them.

Anastasia - posted on 08/14/2015

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They haven't been living with them for the full 2 years, but pretty close, and I don't really have any way of proving that they haven't. It would be their word against mine.

Thank you very much Dove, for your input/ advice

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