Legal Corner

Re:Children
spokaneshellie 13579 reads
posted

Thank you for the advice. I already noted on the E.R. card at the school they were not authorized to pick up.

I am a provider in Washington state. I am a single parent. Recently I was outted to my parents and they have threatened to take my daughter from me. According to State v Troxel grandparents have no right to the children. Please understand I never conduct business around my daughter. I ususally see clients while she is at school. I understand my parents have to prove I am in some way unfit or neglecting my child to have her taken away.
This weekend I stupidly let her visit them. I am afraid now I am going to be served papers this Sunday(for what I can not fathom) and will not be getting my daughter back.
A few other facts: They are in a different county than I.
They had to cross a state line in order to get her to their home in WA (if that makes any difference) I am a full time student. My daughter is in a private school. I usually do not work nights or weekends and I usually pick her up from school at 3pm.
If anyone one knows anything about child abduction please let me know. Could I go to their home and take her back. Would it be okay to possibly break into their home to get her back?
My record is clean except for moving violations.
Thanks for any help!
Shellie

marybeth11567 reads

do not break in to get your daughter back,,,if you feel her life is at risk notify proper authorities...but do not break in..you can also hire an attorney to handle this ,,,sometimes a simple letter from an attorney  will do the work... i hired an attorney to right a letter "concerning a debt someone owed"  after my multiple letters were ignored,,and i got an immediate  favorable result plus the $300 (letter fee)  was included in  my damages..please do not get arrested for a break in / or tresspassing  and have another battle

I don't know how you were outed or if you can support yourself without working.  Nevertheless, the very firsst thing to do is to get an aggressive family lawyer in your area. (S)He will likely go straight tot the DA and assert your child has been kidnaped by your parents.

These situations are not uncommon.  Find a lawyer who has done this or seen this before.  This board is the wrong place for advice other than the type I've just given you.

Do it Monday morning; early Monday morning.  If you don't know such a lawyer, go to your county or state bar association; ask for the current chair of the family law section.  Ask him/her.  Do not fool around with amateurs and do not wait.  I know they're your parents but they've taken your child.  


Rodmewell

SexyCurvesDC11440 reads

Get someone who specializes in custody hearings... but yes, they absolutely CAN use this 'biz against you and might be able to take your daughter because of it.

Do not go breaking into their house... if your daughter is outside or something you can take her, you are her mother!!! But I wouldn't do anything illegal as it will fly back in your face. Play this one by the books.

Why do your parents want to take your child? Do they have a problem with you aside from the 'biz? What a horrible thing. I am so sorry you are going through this!

Good luck,
Tamara

Well I guess I should thank you all for the advice, and I do. You have given me some information I had not thought of.
My parents returned my daughter and all is well for now.
My mother phoned me and asked that I draft a document that would allow her to pick up my lil one if "something were to happen to me" this in and of itself frightens me. If I do draft such document it would only state that if I were incompasitated could she pick her up.
I guess I have more research to do, but for now "me and mine" are together and I am greatful for the support I was given on the board.

"My mother phoned me and asked that I draft a document that would allow her to pick up my lil one if "something were to happen to me" this in and of itself frightens me. If I do draft such document it would only state that if I were incompasitated could she pick her up."

I wouldn't recommend this. Right now your parents have no rights to to any custody of your daughter. Giving them even those limited rights can be used as a wedge against you should your parents try and sue for custody based on their claims of your being an unfit mother (due to your profession). Your best bet is to politely refuse their request. It might also be a good idea if you gave her school written notice that your parents are not allowed to pick your daughter up for any reason. You don't have to tell your parents about that. This way if they do try to pull a fast one the school will be prepared to refuse them. Sometimes even the best school administrators can be fooled into releasing a child to a grandparent (especially if the child shows obvious happiness at seeing the grandparent) but a note from you placed in her file should prevent that.

Thank you for the advice. I already noted on the E.R. card at the school they were not authorized to pick up.

Register Now!