Not for me - for a friend.
Long story short her parents took her kids - and won't give them back. She can't afford a lawyer and the parents obviously have money.
She is in California.
Can someone help please???
2007-08-28 15:22:40 · 13 answers · asked by Willalee 5 in Politics & Government ➔ Law & Ethics
Sorry - was trying to keep it short. She lost one son to the dad actually - in a divorce custody case because he was told she was running to Alaska. Which she wasn't (she has had the same job as a longshore man for 13 years now) The parents then took the older son (who is 13) for the weekend and then Monday morning and because they cared for her more than her. She works nights and he would stay the night and she would pick him up from school at night. So they had him already nights and mornings. They now have temporary guardianship and the court investigator looked into it and found no reason for her to have the kids away. She recommended over the summer to have him reincorporated with her, but when they went to court, they ordered and mandatory settlement hearing where they refused to (the parents) to drop the request or to allow her (the mom) to have him. So now it is set for trial - end of Sept. Sorry if it is confusing....
2007-08-28 15:38:02 · update #1
She is now subpeonaed for records - medical and financial to try to build a case.
She had a break down after she lost the kids and has been to counseling (one her own) and is on disability (temporarily) from the stress of everything.
I have known her for 2 years and used to watch her kids when she was in state and I know she is good to the kids and she has a 2 br apartment and room and everything. She is a good person and I would like to help her. Thank you :) Both kids have told me that they would be like to be at home with their mom - when not in her presense.
2007-08-28 15:40:12 · update #2
um, we need the longer story- what do you mean by "took"- did they file, and win, guardianship? Why did they do that in the first place?
If there is no court order giving them actual guardianship,she just calls the police and goes over there...
e-mail me the information
2007-08-28 15:29:21 · answer #1 · answered by allrightythen 7 · 2⤊ 1⤋
Do you want the truth or a sunshine coated lie? Without photographs of the grandparents having sex with the children while the Dad watches, or vice versa, without a lawyer she will never get primary custody. She might get visitation, but not custody. The kids desire is not really even taken into account until they are twelve and not even then if the grandparents or dad can cast a shadow of a doubt that she is somehow an unfit mother. That said, there are groups that will get her a lawyer regardless of her income. She just needs to find the ones in her area by using the Internet.
Child custody is the ugliest thing in our society. I have seen it from the outside since I paid for my soon to be ex's child custody battle with her ex and it ruined our marriage. And we won. That's how ugly it is. I would wish your friend luck, but there is none to be had. Sorry. I can give more advice if your friend wants it. Just ask.
2007-08-28 22:57:30 · answer #2 · answered by amistere4u 3 · 0⤊ 0⤋
Depends did she give her parents temporary guardianship? Did she just say can you take them for a week? Bottom line is, if she didnt give her parents custody *not temporary custody, but actual custody in writing* She can show up with the sheriffs dept and the children's birth certificates and pick her children up. Her parents have NO rights to the children, or even to see the children, UNLESS the mother GAVE them her rights, or the kids were placed with her parents via CPS.
2007-08-28 22:29:30 · answer #3 · answered by apryl1121 2 · 0⤊ 0⤋
I am going through the same thing.They have the money I don't. I got a lawyer but I've started fightin for her in June of 2006 and no results yet.It is a terrible thing to go through for a mother. You can go to legal aide. Or maybe go in front of a judge and get a court appointed lawyer.Some grandparents can be so evil.They don't realize they are hurting the child while they are being selfish in satisfying there own pleasures. I hope it works out. And believe me God sees all.
2007-08-28 22:44:45 · answer #4 · answered by kelli t 5 · 1⤊ 0⤋
What do you mean "her parents took her kids?" How old is your friend? Grandparents have no right to custody when it comes to grandchildren. All you have to do is call the police, and tell them that the grandparents have her kids. They have no legal standing to have the grandchildren in the first place. And, there are plenty of lawyers who will work pro bono in Family Court.
2007-08-28 22:29:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
wow... CA law is difficult. if DCF (child & Family) is involved at all, the $$ does all the talking
the local legal aid society helps people who cant afford legal representation. you could try the california bar as a resource.
if she signed over rights or custody to her parents, you could fight it that way, because the other parent also has to relinquish custody unless there's a reason (abuse) that would prevent either parent from getting custody in the first place.
2007-08-28 22:30:17 · answer #6 · answered by GraWolfe 5 · 0⤊ 0⤋
Not knowing what she did to lose them in the first place makes it difficult to say. If the courts awarded her parents the children, it's probably for a good reason. Typically they do prefer the mother having custody versus the grandparents. Perhaps she should seek counsel with a lawyer.
2007-08-28 22:29:23 · answer #7 · answered by Blue Bear 1 · 0⤊ 1⤋
If she cannot afford a lawyer, she has two options.
First, she can try to find legal aid clinics that help people in her situation -- or find an attorney who would work pro bono (for free, or for very little money). These can be found through the various lawyer referrals services. (http://www.calbar.ca.gov)
Second, if she cannot find an attorney, she can try to represent herself. This is difficult, and requires a lot of time and effort and learning on her part. But it can be done.
2007-08-28 22:27:10 · answer #8 · answered by coragryph 7 · 1⤊ 0⤋
If she has good credentials for keeping her kids, no drugs, men, etc. Contact legal aid. In many state lawyers have to do pro bono work. Maybe she'll get a good one.
Child custody cases are a *****, so she better have all her ducks in a row.
2007-08-28 22:30:08 · answer #9 · answered by SgtMoto 6 · 0⤊ 0⤋
you talk to an attorney and you Make the grand parents pay the court fees, depending on the situation, do they have legal custody? if not, than she can go to the police station in the area where the kids are located and have an escort and just pick them up
2007-08-28 22:33:44 · answer #10 · answered by kcmonster89 2 · 0⤊ 0⤋