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    rene1079's Avatar
    rene1079 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 6, 2011, 02:45 AM
    My family member has legal custody, can she take my kid from my home out of anger
    My aunt got legal custody of my daughter close to 4 years ago due to my drug addiction. She gave her back to my(physically) about a year ago. I have been the one taking care of all her expenses, schooling and dr appts. My aunt has control issues, and I am concerned she will get angry and decide to punish me by taking my girl away. I have been clean for two years now and am my child's sole supporter. Can she take her even though she has been with me this last year?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
    		  
    #2

    Jan 6, 2011, 03:11 AM
    Legally, as he has custody, yes she can.
    You need to go back to court and regain your custody rights.
    rene1079's Avatar
    rene1079 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jan 6, 2011, 03:13 AM
    Comment on Curlyben's post
    That's what I thought, and I plan on doing... I just hope I can get it done before she does something stupid and spiteful.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jan 6, 2011, 04:51 AM

    So when she "gave her back" a year ago, nothing was done in court? While the aunt may have control issues, sounds to me like she really cares for you. There was absolutely no legal reason for her to let your daughter move back in with you, yet she did so!

    Yes you need to go to court to regain custody, but I would NOT mention anything about your fears that the aunt might take her back. I would simply say that since you have cleaned yourself up, you now feel you can regain legal custody.

    P.S. if you want to add followups use the Answer options (not Comments)
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