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View Full Version : What can I do to get my daughter back?


currykeisha
Sep 18, 2011, 01:07 AM
When my daughter was born in June of 2008,I raised her and took care of her by myself as a single mother. Well my mom called cps on me and told them I was doing drugs, selling drugs, and the sexuality of my life. Me and mother never had a relationship so I'm thinking that she did that just in hate and return because she was never there for me. Yes I was smoking marijuana, and drinking occasionally, I never had my parental rights tooken from me from cps. I was placed on a program and signed over guardianship to my grandmother for 6 months for me to get my situation right. I went to n/a and a/a meetings and entered myself in a drug rehab. Well my grandmother got a little older and needed help my daughter. My mother wanted to help out but she has tooken my baby from and will not let me see her nor talk to her. She doesn't respond back to me when I call or send her a message. She has no rights to my child, I have not signed anything over to her but to get her in school and make sure she can take her to the doctor. Which she does not take her to the doctor its either me when I can or my grandmother. What am I suppose to do or what can I do to get my daughter if she has no legal rights or my parental rights were not tooken?

joypulv
Sep 18, 2011, 01:38 AM
You go back to Family Court after the six months are up, and show the court that you have done well in all the court ordered programs, and that you are able to provide for your child and have a good environment. Was a social worker involved? She may be able to get you started, or you can go there in person and ask the clerk.

You aren't allowed by your mother to 'see' her but are allowed to take her to the doctor?

cdad
Sep 18, 2011, 04:33 AM
You said you gave guardianship to your grandmother? What else did the papers say? If there is no limitation on visitation of your child then march over to your mothers with the police and demand the child. If she refuses and has no paperwork showing she has guardianship or anything else of the child and she refuses she can sit in jail for kidnapping charges.

ScottGem
Sep 18, 2011, 07:26 AM
Is the 6 months up? Have you complied with all requirements by the court and CPS? Have you discussed this with the case worker?

currykeisha
Sep 18, 2011, 11:17 AM
When its always time for her to go to the doctor, She leasves it up to my grandmother and my grandmother Dora will let me know and she's let me take her. My mother Kym no she does not let me see her as she say. Me, my grandmother, a social worker, and 3 other members from cps was there. They said it was no need for me to go to court nor take legal action because I had already did what they told me. I never once appeared in court, with no one. At the meeting I had stated that I was not complete financial and was it OK for my daughter to stay with my grandmother until I was, they told me that was fine as long as it was OK with my granny. She told them yes, my grandmother still does all the objectives for my daughter but she just lives in a home with my mother. That's why I said she has no right and what can I do? After the meetig they closed my case because I was still doing classes with cps and monthly check up with them after the 6 months we had a meeting and they said there's no need for court orders or legal action because they were impressed by my improvement. That's when they closed my case

cdad
Sep 18, 2011, 11:30 AM
If you have a place to live and a means to provide for the child. Then you should go get your child with the police in tow. It takes a court order to remove your child from you and it seems you have been in full complience. Als you need to have the documentation with you in case they ask for it showing what happened and that you were released.

Fr_Chuck
Sep 18, 2011, 11:32 AM
If your guardianship papers you signed over was limited and only said it was for 6 months, then they are ended and got custody back.

But if not, you take grandmother to court to sign over custody back to you. Does not matter if mom has child, get legal custody back the, charge mother with custody interference

currykeisha
Sep 18, 2011, 11:33 AM
My 6 months was up in JULY 2010, that's when we had the meeting and everything. The only paper I signed was for her to put my daughter in school this year when she never got her in. As long as I didn't sign custody papers over to her than I have every right to my child, right or wrong?

currykeisha
Sep 18, 2011, 11:42 AM
If I can't find the paper work,what can I do? can I call them and get a copy of them from the office or I can go to my grandmother because she has papers... we both got copies of everything

cdad
Sep 18, 2011, 11:46 AM
My 6 months was up in JULY 2010, thats when we had the meeting and everything. The only paper i signed was for her to put my daughter in school this year when she never got her in. As long as i didnt sign custody papers over to her than i have every right to my child, right or wrong??

Yes that is correct but don't go without the police with you. It will keep things from getting messy.

cdad
Sep 18, 2011, 11:47 AM
If i can't find the paper work,what can i do??can i call them and get a copy of them from the office or i can go to my grandmother because she has papers...we both got copies of everything

Do you have any paperwork at all? You may be able to get copies but at this point never rely on what someone else may or may not have.

ScottGem
Sep 18, 2011, 12:36 PM
If everyone agreed that you bet your child back then take her. I would go pick net up from school to avoid problems. I would also see if you can gen the case worker to go with you. The police may not want to get involved.

currykeisha
Sep 18, 2011, 04:23 PM
Yes and thank you all so much,ima see who I can talk to for copies I maybe calling the cps office myself in regards to my daughter, hopen that they will give me something regarding her and my rights than I can take that to the police and go and get her... I just want my daughter and all her items over there. I just didn't know what to do nor how to do it especially when a person been taken advantage of me my whole life... well thank you all and hopefully things work out and get better

cdad
Sep 18, 2011, 04:32 PM
yes and thank you all so much,ima see who i can talk to for copies i maybe calling the cps office myself in regards to my daughter, hopen that they will give me something regarding her and my rights than i can take that to the police and go and get her...i just want my daughter and all her items over there. I just didnt know what to do nor how to do it especially wen a person been taken advantage of me my whole life......well thank you all and hopefully things work out and get better

Please don't misunderstand but CPS isn't going to give you legal advice. And you have no way of knowing if its correct or not. By having the paperwork in hand you could call any number of lawyers and they can see you for a consultation which in most cases is either free or greatly reduced. Then follow their instructions. But you need to be brief and to the point.

ScottGem
Sep 18, 2011, 04:59 PM
Califdad is right about not getting legal advice from cps. However, if the caseworker will accompany you to pick up your child it may be better. I'm just not sure if the police will help.

Good Luck and keep us posted.

currykeisha
Sep 18, 2011, 06:46 PM
Ok well god is good you all,one of me ex friends had the papers.i talked to her today and when i went to rehab she keep the papers for me... ;)... so what i can do is take you advice and take the papers to a lawyer for a consultation and just go from there... thank you all so much

cdad
Sep 18, 2011, 07:13 PM
OK WELL GOD IS GOOD YOU ALL,ONE OF ME EX FRIENDS HAD THE PAPERS.I TALKED TO HER TODAY AND WHEN I WENT TO REHAB SHE KEEP THE PAPERS FOR ME....;)....SO WHAT I CAN DO IS TAKE YALL ADVICE AND TAKE THE PAPERS TO A LAWYER FOR A CONSULTATION AND JUST GO FROM THERE...THANK YOU ALL SO MUCH

Your welcome and we are here if you needs us. Just post your follow up questions on this thread and we will be happy to help you again.