Check out some similar questions!

aryannaNfaith · Feb 4, 2009, 10:01 AM

My name is kimberly bennett. Here's what I need help with. A few years ago my husband and I went to jail and he is still there but I am out on bail. We gave guardinship to my mother-inlaw so that we would not lose them to the state. I decided that ididn't want to be with my husband any more and I moved out of my mother in laws and in to my new boyfriends but know she won't let me take my girls with out her with us. What are my rights as there mom? And how difficult will it be for me to try and get them back? How long should I wait until I try to get them back because its already been a month and like 8 days.

Justwantfair · Feb 4, 2009, 10:05 AM

You rights as their mother are limited by the guardianship order. I would seek an attorney and start the process immediately to have custody returned back to you. Jail will make the situation difficult and you are already in a new relationship that may not be considered stable as apparently it has all happened within one months time.

An attorney is your best bet in having this situation handled.

GirlWSlingshot · Feb 4, 2009, 11:32 AM

I second the advice on getting a lawyer's advice. This is a complicated situation and you're going to need representation.

I would also suggest that rather than living with a new man and trying to get your girls back, you get a place of your own and prove that you can provide a safe and stable home. Shacking up with a new man is not going to lend an air of credibility to your claim that you can provide a safe, stable, and healthy home.

starfirefly · Feb 4, 2009, 11:46 AM

I have a friend in a similar situation she's has been trying to get guardianship back for her daughter from her father and its been 3 years, she's been trying to do it without a lawyer so you should really seek legal advice on the situation or it may be a very long process

Justwantfair · Feb 4, 2009, 01:18 PM

Even with counsel it is a long process, but at least you are giving yourself a chance at getting what you are looking for.

Fr_Chuck · Feb 4, 2009, 04:46 PM

Part of the problem will be if you are just "out on bail" you are not free, you will still have to go to trial and can still end up going to jail. So I am sure the court will want your legal troubles ended.