Comments on: I want to get legal custody of my daughter back.? http://www.parentcustodyblog.com/form-custody/i-want-to-get-legal-custody-of-my-daughter-back Helping keep you informed on Parent Custody issues.... Wed, 08 Feb 2012 03:44:14 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: wendy c http://www.parentcustodyblog.com/form-custody/i-want-to-get-legal-custody-of-my-daughter-back#comment-5795 wendy c Tue, 30 Dec 2008 09:15:59 +0000 http://www.parentcustodyblog.com/form-custody/i-want-to-get-legal-custody-of-my-daughter-back#comment-5795 Here's what I understand, from what my daughter went through. Her inlaws filed against her and husband for custody of their children. The COURT did not initiate the action, thus it was a civil dispute between the parents and grandparents. AS LONG as both parties agreed and did not contest, the court didn't make the determination. although it was submitted for court rubber stamping. For the parents to REGAIN custody, they would be forced now to file against the inlaws, PROVE not only that they were (now) "prepared" and fit to raise the children.. but ALSO that the children are being harmed where they now are. THE ONLY REASON for those standards, are (1) they supposedly agreed willingly/ voluntarily and (2) because no way grandma is going to let them go, without a fight. I will suspect that the details for you will be that if you agreed at first, and you now both agree to the change.. you probably have to petition the court to approve documents that you both agree to. No dispute involved. If what you originally had was acknowledged as temporary.. that should be sufficient. I think the courts only have to hear testimony when it is contested/ disputed.. and the judge has to make the choices. Or? did your case ever go in front of a judge to begin with? I am not a lawyer.. just what I learned, researching for my daughter. Sadly.. mine never had the advice of a lawyer, to explain what the long term consequences might be.. and they were threatened, if they did not sign. You may be able to do it without a lawyer.. but even if you could, you would be smart to hire a lawyer to draw up the papers, so he can tell you any pitfalls that there might be. Depending on how long your child has been with grandma, she may have the right to ask for visitation to be sure you will allow her to see the child down the line. Every state is different.. every case is different, depends on how it went down, at the beginning.<br><b>References : </b><br> Here's what I understand, from what my daughter went through.
Her inlaws filed against her and husband for custody of their children. The COURT did not initiate the action, thus it was a civil dispute between the parents and grandparents. AS LONG as both parties agreed and did not contest, the court didn't make the determination. although it was submitted for court rubber stamping.
For the parents to REGAIN custody, they would be forced now to file against the inlaws, PROVE not only that they were (now) "prepared" and fit to raise the children.. but ALSO that the children are being harmed where they now are. THE ONLY REASON for those standards, are (1) they supposedly agreed willingly/ voluntarily and (2) because no way grandma is going to let them go, without a fight.
I will suspect that the details for you will be that if you agreed at first, and you now both agree to the change.. you probably have to petition the court to approve documents that you both agree to. No dispute involved. If what you originally had was acknowledged as temporary.. that should be sufficient. I think the courts only have to hear testimony when it is contested/ disputed.. and the judge has to make the choices. Or? did your case ever go in front of a judge to begin with? I am not a lawyer.. just what I learned, researching for my daughter. Sadly.. mine never had the advice of a lawyer, to explain what the long term consequences might be.. and they were threatened, if they did not sign.
You may be able to do it without a lawyer.. but even if you could, you would be smart to hire a lawyer to draw up the papers, so he can tell you any pitfalls that there might be. Depending on how long your child has been with grandma, she may have the right to ask for visitation to be sure you will allow her to see the child down the line.
Every state is different.. every case is different, depends on how it went down, at the beginning.
References :

]]> By: flatfootfred http://www.parentcustodyblog.com/form-custody/i-want-to-get-legal-custody-of-my-daughter-back#comment-5794 flatfootfred Tue, 30 Dec 2008 09:10:59 +0000 http://www.parentcustodyblog.com/form-custody/i-want-to-get-legal-custody-of-my-daughter-back#comment-5794 Call your local govt agency to be sure.<br><b>References : </b><br> Call your local govt agency to be sure.
References :

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