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    allyshadanielle's Avatar
    allyshadanielle Posts: 4, Reputation: 1
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    #1

    Dec 15, 2010, 03:48 PM
    Aunt has children, how can the father get them back?
    My fiancé and I have been together for over a year and have recently had a child. He has four children from a previous marriage, who are living with the ex-wife's sister in Colorado, while we live in Louisiana. He okayed temporary custody during the divorce for the stability of the children, because he was driving OTR, until he had a home and was fully stable again. Now that he does, she refused to even let them come visit. What should we do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 15, 2010, 03:51 PM

    Do you have a copy of the guardianship document? How long have they been there? Where is the mother?

    If he has legal custody and only signed over temporary guardianship, then he goes to court to revoke the guardianship and goes to pick up the kids.
    allyshadanielle's Avatar
    allyshadanielle Posts: 4, Reputation: 1
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    #3

    Dec 15, 2010, 03:58 PM
    Comment on ScottGem's post
    Yes we do have a copy of the papers, they have been with the aunt for about 2 1/2 years, he was living with them after he quit driving for about 8 months and couldn't find work there so he moved here June of last year.
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    allyshadanielle Posts: 4, Reputation: 1
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    #4

    Dec 15, 2010, 03:59 PM
    Comment on ScottGem's post
    The mother is the one who originally dropped them off with the aunt, she is now living in New Orleans and has very little to do with the children.
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    allyshadanielle Posts: 4, Reputation: 1
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    #5

    Dec 15, 2010, 04:00 PM
    Comment on ScottGem's post
    Should I schedule a consultation with a lawyer and have them look over the papers, or would they even do that?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Dec 15, 2010, 06:35 PM

    First, please don't use the Comments feature for followups. Use the Answer options instead. Both the mother and father signed the guardianship papers? Since the guardian is the mother's sister, she may enlist her aid.

    You also didn't answer who has custody. But yes, I would consult an attorney. This can get complex and hairy.

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