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hannahnlexie · Apr 29, 2011, 05:12 PM

I had asked my parents to take care of my daughter for a couple of weeks so I could get on my feet, and the arragements were that they would give her back to me when I was ready to get her. Now they are saying that they couldn't get a hold of me or her dad and they gota lawyer and got emergency guardianship and we can come visit her anytime but can't ever take her with us. So my question is how is it possible for them to do this and take my daughter away from me. What did they have to say to get the emergency guardianship?

hannahnlexie · Apr 29, 2011, 05:16 PM

What are the terms and conditions on getting emergency guardianship of a child?

ScottGem · Apr 29, 2011, 05:17 PM

If there was a medical emergency or such they need legal guardianship. They claimed they couldn't get in touch with you or the father. Is that true?

hannahnlexie · Apr 29, 2011, 05:25 PM

Yeah they said they couldn't but they knew where is was.

ScottGem · Apr 29, 2011, 05:28 PM

So you go to court and ask that the temporary guardianship be removed and the child returned to as they perjured themselves in the original hearing.

The first thing you need to do though is subpoena a transcript of the original petition and hearing so you know what they told the court.

hannahnlexie · Apr 29, 2011, 06:01 PM

Does this cost any money to do? And how can they do that without me or father signing any papers?

ScottGem · Apr 29, 2011, 06:18 PM

Yes it will. There will be court fees and you really should engage an attorney. However, if it can be proven that they lied they may be required to pay court costs.

And I told you, they probably told the court they could not contact you.

K16832 · Apr 29, 2011, 06:56 PM

Sorry to play devils advocate here, but, where do you think your daughter will get the stability she needs to have a comfortable, secure childhood. If it is with your parents, be thankful that you have them to help raise her. If they say you can visit any time, then make sure you visit every day. This way you will remain the predominant figure in her life. It sounds like there was some issue of concern on their behalf. If you visit every day, they will know when their concern isn't warranted any longer.

ScottGem · Apr 29, 2011, 07:09 PM

Originally Posted by K16832

Sorry to play devils advocate here, but, where do you think your daughter will get the stability she needs to have a comfortable, secure childhood. If it is with your parents, be thankful that you have them to help raise her. If they say you can visit any time, then make sure you visit every day. This way you will remain the predominant figure in her life. It sounds like there was some issue of concern on their behalf. If you visit every day, they will know when their concern isn't warranted any longer.

You are new here and its nice you want to help, but this is a law forum. As such there is a higher stand for answers here. The question asked here was a legal one. Therefore answers have to conform to statutory law. Your response doesn't deal with the legal issues raised and therefore was inappropriate for this forum.

AK lawyer · Apr 29, 2011, 07:36 PM

Originally Posted by ScottGem

...
The first thing you need to do though is subpoena a transcript of the original petition and hearing so you know what they told the court.

Actually, it won't be necessary to subpoena one. You only have to pay a court reporter to transcribe one (if the hearing was recorded)

Originally Posted by hannahnlexie

Does this cost any money to do?

A transcript? Oh yea.

Going to court to terminate the emergency guardianship? Even more. Lawyers cost money.

Fr_Chuck · Apr 29, 2011, 08:44 PM

And of course right now all you have is her word, have you asked to see a copy of the actual order, first thing that came to my mind is that she may just be lying to you

artlady · May 1, 2011, 04:34 AM

You asked for help until you could get on your feet.Have you got on your feet and can you prove that to a court?