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-   -   Regaining physical custody of child I already have custody of (https://www.askmehelpdesk.com/showthread.php?t=478764)

  • Jun 11, 2010, 08:41 PM
    mamaelane
    Regaining physical custody of child I already have custody of
    A complecated case need help to get my grand daughter back from someone who does not have custody,for 8 years my grand daughter has lived with great aunt and found out today she has never had custody
  • Jun 11, 2010, 08:44 PM
    mamaelane

    If I have custody of my grand daughter for 8 years and just found how do I get her back
  • Jun 11, 2010, 08:47 PM
    ScottGem

    Your posts make no sense. If you have custody then why isn't the child with you. If the child isn't with you, then why do you think you have custody. You need to explain this I much greater detail.
  • Jun 12, 2010, 02:29 AM
    GV70
    Quote:

    Originally Posted by mamaelane View Post
    If I have custody of my grand daughter for 8 years and just found how do i get her back

    If that information is true, the answer is NO,you cannot get her back.
  • Jun 14, 2010, 07:37 AM
    mamaelane
    How can someone without legal custody be allowed to fraud the state
    How can someone who has frauded the state of Washington to gain physical custody of a minor child back in 2001 be allowed to move to another state with the child I have legal custody and the courts or police won't help stop it
  • Jun 14, 2010, 07:47 AM
    Fr_Chuck

    More info, What type of custody do you have ? What type of legal custody do they have ? Was it fraud that was charged in court and they were arrested and went to prison for??
    Or merely fraud because they lied in court but won ?
  • Jun 14, 2010, 07:55 AM
    mamaelane
    How can I stop someone who has a child I have had legal custody of since 2001 from leaving the state due to her have physical custody from fraud and the courts,police or lawyers can't help detain that child until the matter can be solved
  • Jun 14, 2010, 08:01 AM
    mamaelane

    I have legal non parental custody papers granting me custody in 2000.She has a modification that was never legal never any custody papers and she able to fraud the state of Washington because she was able to get child support so up until last Friday we thought she had legal custody
  • Jun 14, 2010, 08:12 AM
    Fr_Chuck

    Sounds as if she has legal custody but you do not accept it. Sorry, if the state accepted her claims, even if based on lies, her custody and documents are valid, until you go back to court, file and get new custody orders.

    If you have visitation you may file a motion to stop her from moving, based on your loss of ability to visit.

    Beyond that, you hire an attorney and prove the fraud, in court, prove why you should really have custody.

    But at the end of the day, even if it is wrong, even if it is not fair, what the court rules is the law.
  • Jun 14, 2010, 10:37 PM
    mamaelane

    She has never had custody and she has impersanted me on all court documents in order to get physical custody and I want to know if I can have her arrested for that
  • Jun 15, 2010, 02:31 PM
    this8384
    Quote:

    Originally Posted by mamaelane View Post
    She has never had custody and she has impersanted me on all court documents in order to get physical custody and I want to know if I can have her arrested for that

    Can you prove that she forged your signature on court documents? Have you informed the courts that the documents with your name on them were never sent by you?

    It sounds to me as if your ex has primary physical custody and the two of you share legal custody. Now she wants to move out of state and you don't want her to, but the courts are going to allow it. You want to know how to stop it and really, there's not much. The courts will rule what they feel is in the child(ren)'s best interest. If that means allowing the mother to move, then they'll allow it.

    How did she commit fraud in order to gain physical custody?

    EDIT: After reading your other thread
    https://www.askmehelpdesk.com/family...dy-478764.html
    I feel that there is a LOT more to your story than you're telling us. I don't even know if you have any legal rights here.
  • Jun 15, 2010, 10:00 PM
    GV70
    Quote:

    Originally Posted by this8384 View Post
    I feel that there is a LOT more to your story than you're telling us. I don't even know if you have any legal rights here.

    Yup!!
    :)
  • Jun 16, 2010, 07:28 AM
    JudyKayTee

    You keep changing the info - no one can help you unless you are honest. Otherwise it's a waste of time for all of us.

    https://www.askmehelpdesk.com/family...te-479427.html
  • Jun 16, 2010, 09:28 AM
    ScottGem

    First, I've combined your threads. Please keep this issue to one thread. If you need to ask a follow-up, use the Answer This Question options.

    Second, you still aren't making a lot of sense. Trying to decipher this it appears you claim you were awarded custody of the child in 2000 but that someone ele obtained a modification in 2001. A modification that you claim was fraudently obtained.

    But that is a long time to go believing something that was not court ordered. So the first thing you need to do is get a copy of all court records pertaining to this case. You need to sift through those records to determine what orders the court has issued. Until that is done, you have no really idea where you stand or what actually has happened.

    Some of the things that don't make sense, is, if you were awarded custody in 2000 then how come the child didn't immediately come to live with you. How has this person maintained physical custody of the child all that time. You have to remember there are two types of custody, legal and physical. You may have joint legal custody with another party having primary physical custody. Throwing out accusations of fraud unless you have proof won't help you.

    And, if you want further help from us, you need to start providing details. Who are the parties, what happened to the bio mother and father. What has been happening since 2001, etc.
  • Jun 16, 2010, 09:51 AM
    AK lawyer
    Quote:

    Originally Posted by mamaelane View Post
    She has never had custody and she has impersanted me on all court documents in order to get physical custody and I want to know if I can have her arrested for that

    She forged your signature on court documents?

    If it can be proven it may be a crime that could be prosecuted.

    How can you prove it?
  • Jun 16, 2010, 10:58 PM
    GV70

    Quote:

    Originally Posted by mamaelane View Post
    ,for 8 years my grand daughter has lived with great aunt and found out today she has never had custody

    Quote:

    Originally Posted by mamaelane View Post
    If I have custody of my grand daughter for 8 years and just found how do i get her back

    It really makes no sense. True insanity!
    1. The OP won a custody battle 8 years ago
    2.The OP NEVER exercised her rights
    3.The OP has never attempted to exercise her rights.
    Quote:

    Originally Posted by mamaelane View Post
    She has never had custody and she has impersanted me on all court documents in order to get physical custody and I want to know if I can have her arrested for that

    Hmmm…I have doubt about it. The judge must accept only two types of testimonials/AK lawyer must know it/
    1.Personal oral testimonials
    2.Notarized testimonials
    Quote:

    Originally Posted by mamaelane View Post
    How can someone who has frauded the state of washington to gain physical custody of a minor child back in 2001 be allowed to move to another state with the child I have legal custody and the courts or police wont help stop it

    Ups…2010-2001=9 but not 8

    Quote:

    Originally Posted by mamaelane View Post
    I want to know if I can have her arrested for that

    And I want to know if you can be arrested for neglect and abandonment.
    BTW there is a legal term called “Doctrine of waiver” but I am sure you have never heard about it.
    Quote:

    Originally Posted by JudyKayTee View Post
    You keep changing the info - no one can help you unless you are honest. Otherwise it's a waste of time for all of us.

    I cannot agree more.
    This thread has to be closed.
  • Jun 17, 2010, 02:40 AM
    GV70

    Quote:

    Originally Posted by mamaelane View Post
    How can someone who has frauded the state of washington to gain physical custody of a minor child back in 2001 be allowed to move to another state with the child I have legal custody and the courts or police wont help stop it

    Why do you think we all are grasseaters?
    It is IMPOSSIBLE a third party to get only a legal custody without PHYSICAL ONE.
    DOT!!

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