Regaining custody of my daughter...

Kathryn - posted on 02/22/2015 ( 9 moms have responded )

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Hello I am a single mother of a two year old daughter, who has been under the temporary guardianship/custody of my ex in-laws. They have since refused to let me see her. Now I am trying to fight to get my daughter back home...does anyone have any advice about where to start? I am not rich, but I am not broke. Any kind of help or advice would be greatly appreciated. Thank you,
Kat

9 Comments

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Laura - posted on 07/22/2016

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This is good advice. Make an effort every day, either a phone call to a lawyer, to get to see the children, and don't let people tell you they have paperwork, make them prove it. There are always records kept in courts for these matters, don't give up. Being accused of abandoning your children is not something you would ever want in a court document. Stand up for yourself, and be heard. Your children need you, and if you need help, get it. You will never regret trying to take care of your children. It is hard when you are in a situation like this, but keep trying.

Laura - posted on 07/22/2016

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Try to find Legal Aide in your community. Some lawyers will help for free, it depends on your situation. Do not allow the grandparents, who have temporary custody, to refuse to let you see your own children. You may have to ask multiple people for help, keep records of who you talk with and when. A spiral notebook works, mark the date and number of who you talk with. Using this will help you remember things if you are upset, and will help an attorney know how much effort you are putting in to getting time with your children. Grandparents really have no rights to a child, do not let them bully you.

Raye - posted on 02/23/2015

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I agree with the other ladies. You need a lawyer and take them to court to get your child back.

♫ Shawnn ♪♫♫ - posted on 02/23/2015

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The key, as Evelyn is so patiently trying to point out is: Were your temporary custody orders set in court? Was there ANY legal involvement at all when you set the orders?

If so, then you should be able to request enforcement. If not, you'll need an attorney to petition to have your child returned to you, based on the trust agreement. As it stands, if you did not get the agreement finalized in court, legally, they can say that you abandoned the child as well, no matter what your 'agreement' was.

Good luck

Ev - posted on 02/22/2015

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Was it court ordered? That is the key there. If its not court ordered then depending on laws in your state they could be considered kidnapping her, but I do not know.

How did they legally do doctor appointments?
How did they legally sign documentation of anything for her?

See the thing is if you made an "agreement" without it court ordered, all of you caused a big mess. Get a lawyer.

Kathryn - posted on 02/22/2015

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they made an agreement with me trusting that it would be followed through with. They agreed that I could come get her when we made the arrangement to begin with. Now they are denying me visitation of my daughter. All the have is temporary custody.

Ev - posted on 02/22/2015

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Did you do this through the courts? Did you set a time frame for them to have her and then return her to you? Did you lay out the terms for visitation and so on or did you just hand her over?

Kathryn - posted on 02/22/2015

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I personally asked his parents for help, and voluntarily placed her in their care as "temporary guardians". My ex husband left us when he woke up one morning and decided that he didn't want to be a father anymore or a husband. He abandoned us for a life of homelessness and drug use, and I cried wolf to the only people I knew had the ability to help me. I have only ever had her best interests in mind. Please let me know your thoughts. Thank you for your time.

Ev - posted on 02/22/2015

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First, did they have guardianship or custody of your child?
Second, where is the father and why is he not involved in the situation?
Third, what made you have to let them have custody or guardianship in the first place?

Why have they refused to let you see her? Is there something going against you for this reason?

Is any of this court ordered?

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