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suzyb09 · Dec 2, 2009, 07:15 PM

I went to jail back in 2007, I signed guardianship over to my parents along with her biological father signing guardianship to them as well. I got my guardianship back this past March. Does her father have guardianship still or does he have to go through the courts to get them back. We are in Indiana?

suzyb09 · Dec 2, 2009, 07:16 PM

My daughters father and I signed over guardianship to my parents back in 2007 because I was going to jail. He is married to another woman. My parents and the judge gave me guardianship back this past March. I am wondering if her father also has to go through the courts to get his visitation and such back. Does he even have any rights to her right now?

suzyb09 · Dec 2, 2009, 07:33 PM

I have to professional psychiatrists who say that my daughter should not be left with her father because they are emotionally abusing her. ETC.. Lots of problems going on where my daughters fears their house. With my two professional opinions and a letter that recommends this to happen will that help me get it to where I don't have to drop my daughter off there?

Fr_Chuck · Dec 2, 2009, 07:36 PM

Maybe, exact things happening will have to be noted. And even then the supervised will most likely only be temp and he will have to go though parenting classes and once they feel he is OK with the child they may recommend that it be stopped.

Also the courts may not have it be your family that supervises, in many places there are supervision companies that do this, in other places it may have to be a non related party

Most likely the professionals will have to testify in court and be cross examined by his attorneys

JudyKayTee · Dec 2, 2009, 07:39 PM

I think these posts should be combined in order to get the whole picture - https://www.askmehelpdesk.com/childr...ld-421585.html

suzyb09 · Dec 2, 2009, 07:42 PM

They have no problem going to court. Her father will not do supervised visits. But the man went 4 years not doing any overnights with her and then out of no where he started getting her. The problem is she was molested 3 years ago and him and his wife yell at her and call her a liar because she doesn't know word for word of what happened to her. She was 4 years old when it happened. They read her counselor records to her and when she didn't answer correctly she got into trouble. More and more goes on, but I am sure that with everything I have he will lose them, I just am not 100% sure.

ScottGem · Dec 2, 2009, 08:35 PM

I combined your threads because these are related issues and should be combined.

I'm a little confused though, first you ask if he still has rights. Signing over guardianship just gives the guardians the legal right to act on the child's behalf, take her to the doctor etc. Depending on the terms of the guardianship he may or may not have visitation rights. But from your post it appears that he is getting visitation, its not clear under what terms.

If you want to modify that visitation you need to go to court to do so. There you present your evidence (psych reports, etc.) and the judge makes a decision.

suzyb09 · Dec 2, 2009, 08:53 PM

Sorry for the confussion. I have allowed visits because he is her father and things were going fine until they started their stuff again with her. She is now scared to go back to his house and she cries because they make her talk about stuff she has forgotten and doesn't want to talk about. Then they yell at her and call her a liar because she doesn't know everything. As far as the guardianship, I had no rights to my daughter until I got a judge to sign papers.

ScottGem · Dec 2, 2009, 09:42 PM

So, at this point, unless a judge has ordered visitation he's not entitled to any. If he wants visitation he's going to have to go to court to get it. As long as there is no court ordered visitation you do not have to allow him any.

If he asks for visitation again, tell him, point blank, NO! If he asks why tell him because visits with him and his wife have been very upsetting to your daughter and, on the advice of her counselors, you are not allowing visitation.

That will put the ball in his court. If he wants visits, he will have to go to court to establish his rights and get a court to order visitation. With the testimony you have, I doubt if a court will allow more than supervised visits.

sandi.e · Dec 4, 2009, 11:03 AM

Originally Posted by suzyb09

my daughters father and I signed over guardianship to my parents back in 2007 because I was going to jail. He is married to another woman. My parents and the judge gave me guardianship back this past March. I am wondering if her father also has to go through the courts to get his visitation and such back. Does he even have any rights to her right now?

If he didn't give up his parental rites then no he still has rites to see your child.

Originally Posted by suzyb09

I have to professional psychiatrists who say that my daughter should not be left with her father because they are emotionally abusing her. ETC.. Lots of problems going on where my daughters fears their house. With my two professional opinions and a letter that recommends this to happen will that help me get it to where I don't have to drop my daughter off there?

Take it all to a solicitor and they will sort it for you.

ScottGem · Dec 4, 2009, 04:25 PM

Originally Posted by sandi.e

if he didnt give up his parental rites then no he still has rites to see your child.

First it's RIGHTS not rites. Second, he can not just give up his rights.

Originally Posted by sandi.e

take it all to a solicitor and they will sort it for you.

The OP is in Indiana. We don't have the split between solicitors and barristers that exists in the UK.