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plastivpony51 · Jun 18, 2012, 07:34 AM

My parents were granted custody of my daughter in 2007 because I was absent and on drugs. I signed over temporary custody and they have sole legal custody now. I've been living with them since 2009 and have since then cleaned up.
I see my daughter all the time but they won't let my daughters father see her based solely on the fact that they don't like him.
My question is, can I get custody back if I stay clean and have my own place, and can they take the child out of the country to live without our permission ?

smoothy · Jun 18, 2012, 07:39 AM

Originally Posted by plastivpony51

My parents were granted custody of my daughter in 2007 because I was absent and on drugs. I signed over temporary custody and they have sole legal custody now. I've been living with them since 2009 and have since then cleaned up.
I see my daughter all the time but they won't let my daughters father see her based solely on the fact that they don't like him.
My question is, can I get custody back if I stay clean and have my own place, and can they take the child out of the country to live without our permission ?

Does he have court ordered visitation? If he does I would haul them into court in a heartbeat... and let the court deal with them.

If he doesn't have court ordered visitation... then he's up to their mercy.. or in this case.. lack of it.

If he doesn't I'd go to court and try to get an order put in place... and it might be wise that you do the same.

AK lawyer · Jun 18, 2012, 08:55 AM

Originally Posted by plastivpony51

... can I get custody back if I stay clean and have my own place,... ?

Probably.

Originally Posted by plastivpony51

... can they take the child out of the country to live without our permission ?

The country being the U.S. Probably not. Getting a passport for a child generally requires the consent of both parents.

plastivpony51 · Jun 21, 2012, 02:04 PM

Originally Posted by smoothy

Does he have court ordered visitation? If he does I would haul them into court in a heartbeat....and let the court deal with them.

If he doesn't have court ordered visitation....then he's up to their mercy..or in this case..lack of it.

If he doesn't I'd go to court and try to get an order put in place....and it might be wise that you do the same.

The dad has visitation &pays his child support. This is in SC.
I have supervised visitation by th have been living with my parents for the last three years .
They're trying to take her to Germany.

plastivpony51 · Jun 21, 2012, 02:05 PM

Originally Posted by AK lawyer

Probably.

The country being the U.S.? Probably not. Getting a passport for a child generally requires the consent of both parents.

She has a passport that I got her when she was a baby

JudyKayTee · Jun 21, 2012, 04:02 PM

They have sole legal custody? She has a passport? I'd say they can take her wherever they want to take her BUT if the father has visitation and they deny him access to the child HE can move to hold them in contempt.

Could you go back to Court and request custody? Certainly. You would have to prove you can support her financially and emoitonally - and in NY it's the same as adoption. You need a "track record' in your OWN PLACE. You are presently living with your parents, correct? So they are putting a roof over your head and paying utilities.

Or is there some other arrangement?

I think you can attempt to get custody but 2 years is a short period if the situation was severe enough that you lost custody.

You are REALLY going to need to prove yourself.

plastivpony51 · Jun 21, 2012, 04:11 PM

Originally Posted by JudyKayTee

They have sole legal custody? She has a passport? I'd say they can take her wherever they want to take her BUT if the father has visitation and they deny him access to the child HE can move to hold them in contempt.

I signed over temporary custody , i.never put her in harms way and the only reason they have sole custody is because I didn't show up to any court hearings or bothered then. I pay rent and for all my own stuff. I've been working at one place for a year and I just got another job .

ScottGem · Jun 21, 2012, 04:18 PM

I'm not so sure you need your own place. You just need to show you are clean and have a good job.

The father should ask the court to revoke the child's passport to prevent them from moving out of the country and to enforce his visitation.

JudyKayTee · Jun 21, 2012, 04:32 PM

Originally Posted by ScottGem

I'm not so sure you need your own place. You just need to show you are clean and have a good job.

The father should ask the court to revoke the child's passport to prevent them from moving out of the country and to enforce his visitation.

The parents are trying to take the child to Germany - I saw that as a move, not as a vacation?

?

AK lawyer · Jun 21, 2012, 05:16 PM

Originally Posted by ScottGem

... The father should ask the court to revoke the child's passport to prevent them from moving out of the country and to enforce his visitation.

Also, consider filing a Form DS-64 with the State Department, explaining that you acquired the passport for the child but that it is no longer in your possession and that you no longer want your child to be able to leave the country.

plastivpony51 · Jun 21, 2012, 05:33 PM

Ok cool , i.really appreciate all the feedback.
I'm going to get my own place soon , is there a way I can file an injunction myself without a lawyer ?

smoothy · Jun 21, 2012, 06:34 PM

Not if you expect to have a chance at winning. Its worth the cost to have a lawyer do it... get it wrong and it gets rejected automatically.

JudyKayTee · Jun 21, 2012, 07:09 PM

An injunction is issued by the Court and orders someone to either do something or NOT do something. Who are you filing against?

I thought you wanted custody restored to you?