My ex wife has passed away and her mother is fighting me for my daughter. My ex- wife's mother has her now. (ex had sole legal and physical custody). My daughter is 2 1/2. Ex-mother-in-law wants me to sign a Temporary Delegation of Parental Power and Custody form. It says that she is the guardian for 1 year.
2007-03-08 12:47:37 · 9 answers · asked by cope1980 1 in Family & Relationships ➔ Marriage & Divorce
I know I need an attorney, however, i am paying 469.00/mo in child support (cant get it stopped yet) and cannot afford a lawyer. anyone know if i can get it pro bono?
2007-03-08 14:58:23 · update #1
BTW: I am a resident of Missouri.
I have looked at the state statutes, but I can't find anything on custody when the custodial parent dies.
I think I could type and file the paperwork if I knew what to file.
2007-03-08 15:07:18 · update #2
of your course you have more right than the mother in-law, don't sign anything that you will regret later.
go get your daughter.
2007-03-08 13:13:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Goes without saying,but dont sighn the papers, and do not talk to her again until you get a lawyer. Where you are from has a bearing on what chance she has of getting YOUR kid. In Washington the grandparent has no legal right to claim custody of the grandchildren, but I dont know how much that varies from state to state. Shoot me an email if you want with what state you are in and i can try to find out what rights she has as a grandmother, or give a family law lawyer a ring and they should know off the top of there head. you need to go to the court and petition them for a hearing in order to have the court decide weather or not to grant you custody. I think the procees is pretty much the same as you went thru in getting custody decided when you went thru your divorce.
2007-03-08 12:56:35 · answer #2 · answered by hlind28 3 · 0⤊ 0⤋
Hopefully you are smart enough not to sign anything without being in contact with an attorney. If you are a good person ie- no drug convictions no DUI's and no prior criminal record I would say that you have an excellent shot. The question is though can you take care of your daughter on a full time basis? If not then you should consider joint legal custody where you two have to agree on things like medical and relegion. good luck and sorry about your loss.
2007-03-08 12:53:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Don't sign anything yet, you must talk to someone that can help you. By law you are the next kin of your daughter, and reality check here you are the biological father so your mother in law can not do anything about it. If you love your daughter you will do everything in your power to get her back, she now needs her father, she already lost her mother, grand mother is good also but you are her flesh and blood, don't let her or them get your daughter from you.
the two of you needs each others now, to start a new life. So go talk to a lawyer or even a good one child support system,......good luck!!
2007-03-08 13:45:35 · answer #4 · answered by islandgirl06 5 · 0⤊ 0⤋
Challenge her in court for custody. Do not sign anything from her or anyone representing her. You are her father and by all rights should be first on the list to inherit custody unless you recline. Go for it all, but leave yourself an "out" just in case it becomes too much. Good luck
2007-03-08 12:54:31 · answer #5 · answered by Arthur W 7 · 0⤊ 0⤋
I wouldnt sign anything until i talked to a custody lawyer.You need to petition a court for legal custody of your daughter and let the judge decide about who your daughter should be with. usually the judge goes for the natural parents when at all possible.good luck.
2007-03-08 12:53:27 · answer #6 · answered by dynamite136 3 · 0⤊ 0⤋
If you don't want to give up your child, you need to be careful what you commit too. Have your mother-in-law to do the signing of forms, and have a good attorney to explain your options.
2007-03-08 13:02:00 · answer #7 · answered by msthinkpositive 5 · 0⤊ 0⤋
When one parent dies the other parent is automatically first in line for custody. Don’t sign anything and get your butt to an attorney ASAP.
2007-03-08 12:54:05 · answer #8 · answered by kp 7 · 0⤊ 0⤋
First of all go to a lawyer. Don't sign that paper before you go. A parent usually has rights over a grandparent.
2007-03-08 14:40:59 · answer #9 · answered by dpascoe8692 2 · 0⤊ 0⤋