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    Proud Mommy11's Avatar
    Proud Mommy11 Posts: 2, Reputation: 1
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    #1

    Mar 8, 2012, 02:34 PM
    How to regain custody of my child after I gave partial guardianship to my stepmother
    While I was committed to the state hospital my stepmother got me to sign partial guardianship of my 8 month old daughter to her. She said the terms were that once I was stabalized on medicine and had the resources to support her, I could regain full custody. I never gave up my rights as her mother. Her father is not around but I'm now engaged to soon be maried and my fiancée and I both have steady jobs. Also, I would not have to send her to a babysitter as I am able to bring her along to work. How would I go about getting my full custody restored?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 8, 2012, 04:11 PM
    First, read the guardianship papers you signed. The agreement may specify what you have to do. If its not clear, then talk to an attorney. You will then have to file in court for restoration of custody.
    Proud Mommy11's Avatar
    Proud Mommy11 Posts: 2, Reputation: 1
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    #3

    Mar 9, 2012, 10:00 AM
    My stepmom will not give me the papers or even tell me the lawyers name. She is keeping my daughter form my fiancée and I
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 9, 2012, 10:40 AM
    Quote Originally Posted by Proud Mommy11 View Post
    My stepmom will not give me the papers or even tell me the lawyers name. She is keeping my daughter form my fiancee and I

    Do we know what State or Country you're in? It matters.

    You can go to Court and request that your child be returned to you. That will force your stepmother to bring the papers to Court in order to present her side of this situation. That appears to be the only way you will find out just what it is that you signed.

    If you and your fiancé are thinking about adopting (and I don't know that you are, I'm just throwing this advice in) you USUALLY have to be married first.

    Personal notes are really not appropriate on the legal boards but you sound like you've made giant strides in getting your life straight and getting your daughter back. Congratulations - not everyone succeeds in the way you have.

    When you file for the return of custody to you the Court will make a determination based on what is best for your child - that might be supervised visits at first or something in between. Don't get discouraged. The Court would want the transition between your stepmother's house and your house to be smooth for your child. It's not a reflection on your ability to parent. It's an attempt to keep your chld feeling safe and happy. Good luck!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Mar 9, 2012, 10:47 AM
    Quote Originally Posted by Proud Mommy11 View Post
    My stepmom will not give me the papers or even tell me the lawyers name. She is keeping my daughter form my fiancee and I
    Unless the step mom adopted the child, she probably has no right to keep her from you. Her doing so will not go well for her in court.

    If you don't have a copy of the paperwork, then file without it. File for primary custody. I assume you know where your step mother lives so have her served with notice. This will force her to show why you shouldn't get custody and that will mean producing the agreement.

    Good luck to you and keep us posted.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Mar 9, 2012, 10:58 AM
    I just noticed - the stepmother has partial custody? What exactly does that mean?

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