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eja143 · Jan 13, 2011, 05:34 PM

I am the legal guardian of a child that was once my foster child, since her mother was a family friend at the time, she continued to stay and live with my family (daughter, sister, cousin) for the past 12 years. Her mothher has been in and out of her life, mostly out. She has moved to another state, and is now requesting full custody. The child does not, want to go with her mother (as hard as it was, I made it very clear that she will always be a part of our family, regardless of what happens.) I am listed as a co-defendant, along with the father (who is not a legal guardian) Our request to dismiss was denied, with the judge stating that, there would be consequences if it is found that the mother was not truthfull in her response (which is FULL of lies) What happens next, do I just wait for a hearing date, or do I need to respond again, to her answer in the motion to dismiss? Also, I have been reviewing the case online, and the party numbers switch back and forth from 2 (biological father, and I) to 1 (I have no idea who they are referring to?) Is there a way for me to completely separate myself from the father, since I am the legal guardian, or does it have to be joint? If so how do I proceed?
Any advice would be greatly appreciated. Thank you.

cdad · Jan 13, 2011, 05:41 PM

I take it at this point no laywer?

If the father has no legal standing (which wasn't clear or not) then you should be separate. Were you awarded custody and by who? Was the action filed inside of the jurisdiction or from the outside where the mother currently resides?

ScottGem · Jan 13, 2011, 05:47 PM

Also how old is the child now? Has the father been part of her life? Do you have a relationship with the father?

eja143 · Jan 13, 2011, 06:22 PM

Thanks for the quick response! The child's bioligical father is in her life just as much as her mother has been, if not more considering he lives in the same state. They have weekends visits etc. He does NOT want full custody, his wishes are for the child to remain in my care, not with her bioligical mother. Social services removed the child at the age of 1, when there was proof of child abuse. She was placed with me, and I was awarded full custody and legal guardianship. As stated before, the mother was a "family friend" so it really was supposed to be a temporary situation. Then the mother got into drugs etc, disappeared for a few years, just left her child with me. She was supposed to complete classes etc, for social services, but she never did. She also never signed over parental rights (the one smart thing she ever did) While I understand, she has somewhat straightened out her life, and has other children, she has recently married the man, who got her into drugs in the first place! Sorry of track. The bioligical father is in agrement with myself. It just seems as if the mother is trying to lump the 2 of us as one, when I am the one with custody. (Plus the father has a criminal record etc). She did file in the proper vicinity for MD, even though she lives in VA.

ScottGem · Jan 13, 2011, 06:36 PM

I would let the father remain part of it since he supports your custody and is a part of his daughter's life. So the child is about 13 now? At that age, the court will at least listen to her preferences. I really don't see the mother getting custody. Maybe visits, but nothing more.

eja143 · Jan 13, 2011, 07:57 PM

Do I need to provide an answer back to her answer on our motion to dismiss? The last thing I received is a letter stating that the motion to dismiss has been denied. Are there more papers for me to file, or do I just wait for a court date?

ScottGem · Jan 13, 2011, 08:23 PM

First, please don't use the Comments for followups. Use the Answer options instead.

I would check with the court clerk about what responses you need to make. Each court is different.