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-   -   My child was taken by a gaudian what do I do (https://www.askmehelpdesk.com/showthread.php?t=775944)

  • Nov 20, 2013, 01:04 PM
    mykidwastaken
    My child was taken by a gaudian what do I do
    My child was taken by an emergency guardian from school what do I do? No information was left and I don't know where to call
  • Nov 20, 2013, 01:06 PM
    ScottGem
    What do you mean by a guardian? Is this someone from family services or the courts or what? What did the school tell you, exactly?
  • Nov 20, 2013, 01:15 PM
    mykidwastaken
    Quote:

    Originally Posted by ScottGem View Post
    What do you mean by a guardian? Is this someone from family services or the courts or what? What did the school tell you, exactly?

    I'm not sure I looked her up on line and it says she's a state certified guardian all the school had was her name and emergency custody papers from the court and wouldn't let me have the papers
  • Nov 20, 2013, 01:28 PM
    ScottGem
    Why won't they let you have those papers? You are entitled to, at least, a copy. At the very least, you are entitled to know the court and docket that issued the orders.

    But I think there has to be more to this story. I can't see a court issuing such an order out of the blue. There had to be some allegation of abuse for this to happen. I can't believe you have no clue about why they would do it.

    But you get the court and docket # and go to the courthouse to find out what is going on.
  • Nov 20, 2013, 01:42 PM
    mykidwastaken
    Quote:

    Originally Posted by ScottGem View Post
    Why won't they let you have those papers? You are entitled to, at least, a copy. At the very least, you are entitled to know the court and docket that issued the orders.

    But I think there has to be more to this story. I can't see a court issuing such an order out of the blue. There had to be some allegation of abuse for this to happen. I can't believe you have no clue about why they would do it.

    But you get the court and docket # and go to the courthouse to find out what is going on.

    OK I will try the school again and see where that goes. If my parents made up a story would they be able to hire a guardian to take her because I think (not sure) but was told she was there or would cps take her there? I was questioned about a bruise she had last month but my daughter has beta thalimisa trait and bruises for no reason so I didn't think anything of it!
  • Nov 20, 2013, 01:57 PM
    ScottGem
    Clearly someone obtained a court order to take custody of the child. The court order should have that info. A copy of that order should have been served on you, either at the same time or immediately after the child was taken.

    The guardian may have been appointed by the court or hired by whoever applied for the order. You need to get the docket # to get a transcript of what initiated the order.
  • Nov 20, 2013, 02:02 PM
    mykidwastaken
    Quote:

    Originally Posted by ScottGem View Post
    Clearly someone obtained a court order to take custody of the child. The court order should have that info. A copy of that order should have been served on you, either at the same time or immediately after the child was taken.

    The guardian may have been appointed by the court or hired by whoever applied for the order. You need to get the docket # to get a transcript of what initiated the order.

    OK thank you for the help I have received nothing, nothing was delivered to me at the time or anytime after I only got the name from calling the school because my child didn't get off the bus. I appreciate your time
  • Nov 20, 2013, 02:12 PM
    ScottGem
    Quote:

    Originally Posted by mykidwastaken View Post
    OK thank you for the help I have received nothing, nothing was delivered to me at the time or anytime after I only got the name from calling the school because my child didn't get off the bus. I appreciate your time

    That is very wrong. You have a right to know why your child was taken. To not serve you a copy of the court order would probably be a violation of court procedure. The school should have called you, not let you wait for the bus. And I don't understand why they refuse to, at least, see the papers. You need the docket # and court to go to the court and find out what happened.

    Please keep us posted as to what is happening.
  • Nov 20, 2013, 02:52 PM
    cdad
    Ask the school for a copy of the papers. They would have to keep the originals for legal reasons. That papers should state in part what is going on. Also you will need doctors reports of her condition. That way there is third party documentation of what is going on.
  • Nov 20, 2013, 03:14 PM
    AK lawyer
    If the school still refuses to give you a copy of the papers, politely remind them that they are exposing themselves to a lawsuit from you for turning over your child to somebody without proper authority and without your permission. If they continue to be obstinate, contact the superintendent of schools and the members of the school board.

    And also, of course, contact the clerk of court and get copies of the papers there.

    Finally, contact an attorney about suing the socks off the school district.

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