My step children's mother has a drug problem causing my husband to have sole custody of their two children since they were babies. A few years ago she became clean and sober. The kids wanted to visit with her. We tentatively agreed to short visits becoming longer with each consecutive visit. She proved to be serious about staying clean for the kids, so we let them live with her tentatively. She needed to enroll the kids in school, and to get them medical care in emergencies, so we agreed to have a lawyer draw up papers giving her guardianship. We made it clear we weren't giving up rights since she wasn't 100 percent reliable. The youngest is now living in a crack house with her, and the oldest is staying with a friend refusing to live around the drugs. We want the kids out of there. They want us to get them back. We have custody, but now to our horror find guardianship trumps it. She refuses our visitation. So can the lawyer reverse the papers without having to pay 3,000?
2007-05-15 12:58:20 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
probably not.
i would call dcfs, and the lawyer, if i were you.
those kids need to be removed from that enviornment asap! you can get an emergency order right away!
2007-05-15 13:24:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Guess you should have given her temporary guardianship. The only thing you can do now, is prove her an unfit mother, take her back to court and get the kids back. I don't know how old the kids are, but the oldest one should be able to verify what is happening. I don't know that you will have to pay $3000, but you do need to get yourselves back into court. You could also call child protective services on her and have them take the kids away because she's living in a crack house with one of her children! Good luck!
2007-05-15 20:03:37 · answer #2 · answered by Proud to be 59 7 · 2⤊ 0⤋
Only a Judge can grant custody and therefore only a Judge can modify custody legally no matter what any lawyer has written up. So unless aJudge approved the paperwork giving her custody then this action may be illegal meaning she has illegal custody of them.
2007-05-15 20:04:26 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
He can help you get it reversed but not unless a judge says its okay..which I doubt because of her past. The paperwork can give her 50/50 custody but the living custody and daily living is under you guys. And her half is visitiaton.
2007-05-15 20:08:14 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You do whatever you have to do to protect the children...$3000.00 means NOTHING if one of those kids is abused, or worse killed, addicted to drugs for life. Pulease...why is this such an issue, take out a loan or get a second job for six months, but protect the kids, you two are all they have at this point.
2007-05-15 20:01:48 · answer #5 · answered by reddevilbloodymary 6 · 0⤊ 0⤋
Probably not. Call Child protective services and they can remove the children.
2007-05-15 20:01:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
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2007-05-18 01:24:30 · answer #7 · answered by james 3 · 0⤊ 0⤋
a Judge has to do that
2007-05-15 20:02:00 · answer #8 · answered by bronzebabekentucky 7 · 0⤊ 0⤋