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px4mommy · Jul 31, 2012, 11:07 AM

My mother literally stole custody of my daughter when she was 6 months old by going to a judge and telling him that I left her for 3 days. No report or papers was ever filed and no inspections were ever made. My daughter is now 11 years old and lives with me but my mother will not give me custody back and I can't afford a lawyer. Any ideas?

aliseaodo · Jul 31, 2012, 01:11 PM

I feel like I'm missing something, no papers were filed? How is she proving to you that she has custody?

px4mommy · Jul 31, 2012, 01:54 PM

Originally Posted by aliseaodo

I feel like I'm missing something, no papers were filed? How is she proving to you that she has custody?

I seen the paper that the judge himself had signed.

px4mommy · Jul 31, 2012, 01:55 PM

Back then nothing was recorded in the judges chambers so there is no record of anything taking place. The only thing I have is the paper stating that she has custody.

jenniepepsi · Jul 31, 2012, 05:58 PM

Sounds more like your mother is lying to you and faking papers.

aliseaodo · Jul 31, 2012, 06:20 PM

That's what I was wondereing too jennipepsi... if I understand correctly, the op says her mom walked into a court room, said "my daughters been gone for 3 days, I want permanent custody of my granddaughter", and the judge said "okay", and that was that. Sounds absolutely ridiculous. I would contact the courthouse that the grandmother supposedly went to and see if anything was ever filed. If there was, I would request copies, if not (and I'm betting my bottom dollar there isn't), then I would disregard anything the grandmother says as the rantings of a crazy person. ( I know that's kind of mean, but come on... )

ScottGem · Jul 31, 2012, 06:24 PM

Originally Posted by px4mommy

I seen the paper that the judge himself had signed.

But you weren't there? Did you ever check to see if there is a judge by that name? If so, did you verify that he signed the order? For the order to have the force of law, it has to be recorded by the court. Did you check that it was?

I agree, sounds like your mother scammed you.

jenniepepsi · Jul 31, 2012, 06:45 PM

Originally Posted by ScottGem

But you weren't there? Did you ever check to see if there is a judge by that name? if so, did you verify that he signed the order? For the order to have the force of law, it has to be recorded by the court. Did you check that it was?

I agree, sounds like your mother scammed you.

Or at least is trying. Op still has her daughter right? Or am I reading wrong?

px4mommy · Aug 2, 2012, 07:08 AM

Originally Posted by jenniepepsi

Or at least is trying. Op still has her daughter right? or am i reading wrong?

I went to the courthouse and spoke to the people that keep all the records. She looked it up and there is nothing recorded because it did not take place in the courtroom. It was in the judges chambers. There was no one there but my mother, the judge, and the clerk of court-which is my mothers cousin. The judge did sign the paper and I know the judge because he is the one that precedded over my child support with my sons father.

AK lawyer · Aug 2, 2012, 08:31 AM

Originally Posted by px4mommy

I seen the paper that the judge himself had signed.

Originally Posted by px4mommy

...The only thing I have is the paper stating that she has custody.

Originally Posted by px4mommy

I went to the courthouse and spoke to the people that keep all the records. She looked it up and there is nothing recorded because it did not take place in the courtroom. It was in the judges chambers. There was no one there but my mother, the judge, and the clerk of court-which is my mothers cousin. The judge did sign the paper and I know the judge because he is the one that precedded over my child support with my sons father.

Whether the judge signed the order in chambers or in open court doesn't matter. It should have been entered in the court record.

It's possible that what you describe happened, and the clerk neglected to file the order. Take your copy of the order to the clerk and demand to know why he or she (the clerk, that is) evidently screwed up.

ScottGem · Aug 2, 2012, 10:30 AM

Lets back track a little bit here. You say your child lives with you. So what do you think this paper your mother has does? The child is living with you, you care for her, take her to the doctor, etc. When the school contacts a parent they contact you, correct? So I'm not sure that this paper means anything.

Originally Posted by px4mommy

I went to the courthouse and spoke to the people that keep all the records. She looked it up and there is nothing recorded because it did not take place in the courtroom. It was in the judges chambers. There was no one there but my mother, the judge, and the clerk of court-which is my mothers cousin. The judge did sign the paper and I know the judge because he is the one that precedded over my child support with my sons father.

Do you have a copy of this paper? Will your mother give you one if you don't?

My suspicion here is that your mother's cousin asked the judge for a favor. The cousin explained to the judge that you disappeared for 3 days and your mother wanted to put a scare into you. So she asked the judge to sign something.

But as AK said, it doesn't matter where the signing took place. For a judicial order to be official it has to be filed as part of the court records. Therefore, if it is not filed as part of the court record then its not official and doesn't carry the weight of law.

Now its possible the judge is not aware of this and assumed the clerk filed the order. It could be the clerk just forgot or deliberately didn't file.

So my question to you is since your daughter lives with you, do you want to upset the apple cart by raising the issue.