my daughter was getting into trouble here at home with her friends, couldnt handle it anymore so her half brother said he and his wife would take her until she straighten up(6 months) now hes telling her i cant see her unless i call on mondays(i told him i would pick her up every other weekend) that shes his kid now and that he will take me to court if i try to take her back home. his wife signed the notarized document not him. he trying to take her cell phone from her so i dont have any contact with her except through their home phone. they are planning on moving and i beleive they wont tell me where. i'm thinking of going to her school and take her from there because if i go to his house he wont let me take her if he knows shes coming home for good. they live in l.b, i live in s.j so the school does not know me as her mother, except through id i guess. can they do this, it wasnt through court for legal guardian its just on paper.
2007-09-29 14:27:21 · 5 answers · asked by garcia-barbara@sbcglobal.net 1 in Family & Relationships ➔ Family
This notary doesn't mean jack, custody has to be done through the court, and what they are doing is hurting her. They can not keep yu from her, you are legal gaurdian until it is determined differently through a court. they can try to take that notary to the curt but they will loose especially beings they aren't allowing you to see or talk to her. I would go to the police stationa and tell them all of this. tell them you were tryiong to think of your childs best interest, and it was temporary, but they are now keeping you from her and you don't feel it is her best interest, you want to bring your child home w/o causing a scene infront of her. They can't do this, a notary does not sign over rights of a child. Get yur daughter back and you focus on her, get into some counseling and figure out what is going on with her, the troublre you speak of. You can handel it, she is your daughter. She may be a bit angry at you for sending her there so be prepaired for a rocky road, but go get your daughter back. Paying 8 bucks to have a witness sign a piece of paper, does not give them the right to keep you from her nor bully you with saying you have no rights, all a notary may do, is if they needed to take her to the doctor, of fill out school paper work, then with the notary, that shows you have given them permission to do so. I'd rip up that notary in front of their face and demand my child back or you are going to turn them in for kidnapping.
A notary for example, when i had my X sign the devorce papers that I got through the courts, a notary had to witness him signing it to assure he is the one who signed it. But my papers were from the court. If you can sign kids over by notary sogning, why would we have a court system, custody etc. its just not that easy. Yes it is a legal witness of a signing, there is nmore to signing all your rights away, and that is legal documents. They may try to say you abandond your child, so be prepaired if they want to get ugly about it, but stay firm with your reasonings and clearly they have breeched your agreement in the first place. exmp. even though I have full custody of my son, his father has rights, visitation, if I don't abide by that, I can get into trouble because it is against my sons best interest to keep him from his father. Courts think of the children, not petty adult manipulations. Also it is the law, that if a parent who has custody, if they are to move, it is the law, that they have to tell the other parent. So if they move and don't tell you where, they are doing something VERY illegal, and a notary doesn't give them the right or woll not stnad in a court for breaking more than one law like this.
2007-09-29 14:38:39 · answer #1 · answered by Maalru3 6 · 0⤊ 0⤋
I do not know the exact laws of your area. If S.J. is San Juan, PR, then the laws are somewhat similar to the state.
Only a Court can convey guardianship. It is not legal. However, if you signed a document conveying guardianship ... even though it may not be "legal" it does show your "intent" to give up rights to the child.
You need an attorney, not YA Answers.
2007-09-29 14:46:54 · answer #2 · answered by Meg 4 · 1⤊ 0⤋
only the court and nessary paper work
and the rulling of the court decides whom,and when.
your in laws can be held liable and failere
to turn over your daughter.
A notary doesent mean any thing but that
your signature is you,not to the document
being legal .they cain't remove her from
state with out your consent.
Better be talking to legal people soon.
I don't all the details,so do you best.
't
2007-09-29 14:52:05 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It's notarized and signed and is legal. You gave your kid away.
2007-09-29 14:31:13 · answer #4 · answered by janicajayne 7 · 0⤊ 1⤋
tell your exes sister that you want your daughter back.
2016-04-06 07:32:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋