Ask Experts Questions for FREE Help !
Ask
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #1

    Sep 28, 2007, 10:09 PM
    I had her for almost 2 years, they want her back
    I had a friend that was getting out of a bad relationship a little over a year and a half ago. She left her 2 year old (at the time) with me, and basically never came to get her. She called her every now and then and saw her a couple times but that's about it, she has since then moved to a different state 500 miles away, close to where the little girls father lives. She had a restraining order against him before but now she is making him do everything she wants him to do saying that if he doesn't he can't see his child, which he doesn't anyway. They both have a pretty lengthy criminal background. The mother is now trying to take her daughter back and is telling her family that I won't give her back. The family should know by now what games she plays, but somehow I'm always the bad person. All of her family lives in this state and I make sure the child sees them on a regular basis. When I called CPS they told me that there was nothing they can do for me, now the child's aunt wants to get custody because she doesn't want her to go to the unstable home in which the mother lives in, and I want her aunt to have custody because she is a good person and no 3 year old should have to be pushed around like the doll her parents are treating her like. I just want to know what the chances are that she is going to win. This child is very attached to me and seems to have abandonment issues with her parents, she clings to me and flips when I leave the room without bringing her with me, how much is all this going to affect her in the long run? I live in Maryland and have researched all that I could. Please Help!!
    hello4397's Avatar
    hello4397 Posts: 68, Reputation: 1
    Junior Member
     
    #2

    Sep 29, 2007, 11:17 AM
    Aww.. I'm so sorry. I think you should keep her and raise her as your own she probabley would be terrified to move away from you and I think you should keep her unless the aunt feels very strongly about this.
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #3

    Sep 29, 2007, 05:38 PM
    I want her to go to her aunt because I went to the courts and they told me I can't have custody of her because I am not family. I love this child, and will be a part of her life in any way, but the mother only thinks of her as a check and if she looses her, she looses the tax money and the child support. She said herself, if anyone took her daughter, she would fight them if they tried getting child support from her.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #4

    Sep 30, 2007, 09:50 AM
    The aunt needs to file a motion in Family Court for custody. I can't really predict how it would go. I'd say that, given the parents' instability the aunt has a chance but nothing's guaranteed.
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #5

    Oct 1, 2007, 08:02 AM
    Emergency custody for niece
    The child I have been taking care of for the last 16 months' mother wants to take her back. I am not family but her aunt does not want her to go back because the mother is mentally unstable and leaves her woth anyone who will take her. She is going to the courthouse today to try to get papers so that the mother can't take her out of state. I was only her co-worker when she left the child with me. I, along with the child's family, live in Maryland and the mother lives in North Carolina. The father lives in South Carolina but he has an extensive history of abuse and drugs but the mother uses him to get what she wants and still won't let him see her daughter. The mother also has a criminal history of theft and drugs. The question I have is, When the aunt goes to file for emergency custody, under reasons, what are some good reasons she can put to get the courts to listen? I know she is mentally and physically unstable, she won't put her in daycare because she says $125 a week is too much, plus the new job she got works her at night. I also know child endangerment, because she started dating this new guy 1 month ago that already lives with her and told us he had a pistol in his car. I have proof that she didn't have the child all this time because I have notarized guardianship papers, copied forms from her daycare and gymnastics school and medical forms from when I had to take her to the doctor's. I gave her aunt all copies and am helping her fight for custody. I need advice. Help!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Oct 1, 2007, 08:07 AM
    All you need to do is present proof of what you told us. But you will need strong proof. Criminal records, arrest records, testimony of abuse, reports from children's services etc. You should have an attorney to represent you and help you get these proofs.
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #7

    Oct 1, 2007, 08:12 AM
    I have a copy of both of their criminal records including all the charges the mother has against the father, threedifferent temporary guardianship papers and letter from her daycare, babysitter and proof that I had her in gymnastics. Also, none of her family will help her because they all know she's lived with me and want her with her aunt. Is that enough? Also, a copy of two emails I have sent to both NC and MD child protective services, even though they told me they can't do anything about my situation until the mother physically abused the child.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Oct 1, 2007, 08:14 AM
    I don't know, the criminal records against the father will only work against him. Again, do you have an attorney?
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #9

    Oct 1, 2007, 08:17 AM
    Well it isn't me filing for it because when I went to file they told me I will not be able to get custody and she will only go into foster care. The aunt is filing for custody and she called for an attorney, I think one from legal aide. But she already know she needs one. I'm not sure if the father will help the mother fight. If he does help her fight, will that look good or bad, given their past record woth the most rectent only being 2 months ago?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Oct 1, 2007, 08:21 AM
    Its impossible to predict what a judge will do. All I can tell you is the judge will try and determine what's in the best interests of the child. So the aunt will need to prove that going back to the bio parents is not in her best interests.
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #11

    Oct 1, 2007, 08:28 AM
    OK, but does it look good in our favor that the child hasn't been in her mothers care for 16 months, keep in mind the child's only 3 1/2. She was only 2 when I got her and none of her family knew about me. It was only in the recent months that her family has found where she was and started seeing her, but I have never kept her from them. The mother wouldn't tell them who I was or where I lived. It's not like they're snatching a child from her environment if she doesn't go back to her mother, her aunt lives close to me and understands that the child is very attached to me and has some abandonment issues and not seeing me will hurt her. I can barely get her to spend the night at her grandmothers and had to fight her to go with her mother last time she took her back and then the mother gave her back a week later saying she doesn't have money or transportation to get her to daycare and sent her back.
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #12

    Oct 1, 2007, 08:29 AM
    The mother has also never given me any money or helped me with her clothing, daycare or any of her needs
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #13

    Oct 1, 2007, 08:52 AM
    You need to sit down and write down all the things the bio mother has done. Write down all the reasons, you think she should be with the aunt. Write down all the history you know of. Annotate everything with documentary proof. This wll help you get everything strainght in your mind when it coems to testifying. Make a copy of this journal for the aunt's atty.
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #14

    Oct 3, 2007, 04:24 PM
    What do you think my chances of winning are?
    Ok, so I have explained this situation before on this site but I have a new question. I have been taking care of a child for a year and a half now and the mother wants to take her back now. She is going to leave the children home with a man she knew for a month now and is living with them. I did a background check on him and he has about 4 charges of Assult of Female and resisting arrest. Last year being the most recent. She doesn't want to pay for her daycare so when she goes to work her daughter will stay with him. I talked to legal aide and they said I might ave a chance but I am not family and they will check the father first to see if he can take her but the mother has a restraining order against him and he has about 17 pages of criminal charges including theft, drugs and domestic violence and owes a lot of back child support for his other 3 kids. Does he have a chance? I am willing to get progress reports from the school she goes to here and take her to a child psychologist twice a month to check for any signs of neglect, abuse or PAS (parent alienation syndrome) tp help prove she's better off with me. Will this help my case? Is there a chance I can get an emergency hearing so the mother can't take her out of state because I live in Md and her mother lives in NC. If you can't answer my questions, can anyone give me advice on what I can do to help my case?

    P.S. The child is only 3 1/2 and was 2 when I got her so she is adjusted to me and my house and only visiting her parents, it's all she knows. Also, I have never kept her from her family.

    {Threads combined, please do not start multiple threads on the same issue-<>}
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #15

    Oct 4, 2007, 08:02 AM
    The aunt can't get off work, as she says. I am filing myself. I talked to legal aide and they said that I might have a chance because she has lived with me. I found her mom's BF's name and did a criminal check on him and he has a history of Domestic Violence. I hope that helps my case
    Laurenisme's Avatar
    Laurenisme Posts: 12, Reputation: 1
    New Member
     
    #16

    Oct 4, 2007, 08:04 AM
    I wrote down everything I could remember of the last year and a half. I am going today to file for an emergency hearing myself. I just found the mother's BF has a history of Domestic violence, and he is the one that watches the kids, will that work in my favor?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #17

    Oct 4, 2007, 08:09 AM
    It should if you have proof.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #18

    Oct 4, 2007, 08:27 AM
    First, I've combined your threads here. You want to keep the same issue together instead of having people respoond without the history.

    We can't predict what a judge will do. If you can prove that the child will be better off with her aunt then her mother, that should be what the judge rules.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Should I pay back after 14 years [ 2 Answers ]

I was sued for $1300.00 14 years ago in Ontario Canada, by a business partner, went to small claims court she won, but when it was time for her to give her address to the judge she said she did not have one, the judge then said until she mailed me her address I could not start paying monthly...

Pet back rent from Two years ago [ 2 Answers ]

I just recently got new landlord who wants me to pay back rent for a dog that I had for a while. This landlord has not been at my complex for more than a year can she cahrge me back rent for my dog if the other land lord did not and I did not sign an agreement for that year.

Getting back together w/ my x of 2 years [ 24 Answers ]

well I don't want you guys reading what happened but from my previous post, my x and I have dated for 2 years, I dumped her, tried coming back she said no, than after a month of calling her begging her etc... I left her alone, and one day she called me saying she does love me, so there we tried...

My dog is 11 years old and her back legs constantly colapse [ 2 Answers ]

My dog, Spatsy, is 11 years old, she cannot hear very well, not that, that has anything to do with my question, but she will try to come up the stairs and her back legs will not work right. We don't know what is wrong with her. I really need some answers. She will be walking one minute and her legs...

Back-owed FICA for 3 years? [ 8 Answers ]

My husband came to the States in 1999, and got on employer-sponsored H1-B during 2002. FICA was never withheld by his company before or after his H1-B. We never worried about it because we thought it was because he was here less than 5 years and therefore a non-resident. He has just received...


View more questions Search