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    Tahoma's Avatar
    Tahoma Posts: 1, Reputation: 1
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    #1

    Apr 9, 2007, 04:13 PM
    Unfair Judgement
    My ex-wife died about 6 years ago. We have a 7 year old son in which her mother and sister have hidden from me. Recently the aunt filed for guardianship and this was granted unknowingly. I submitted a defense and objection. We went to court and we were'nt notified of a dicision. I have requested from them to allow me to spend time with my son and they always replied no. i feel my rights as a only surviving parent have been taken from me illegally. I have since moved on but my life is still empty. These people buried my wife without my consent and stolen my son and the judge granted them guardianship rather than reuniting him with me. I have did nothing wrong. I need help! What should i do. Their attorney asked why didn't i file a petition in 6 years but if they were hiding him , who was i going to petiton? Please help!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 9, 2007, 04:23 PM
    You file in family court for legal custody 6 years ago, when your ex died, then you sumit court order to different members of their famly to produce the child to the court. Your lawyer 6 years ago would have know or should have known what to do. Just merely not knowing where he was did not take away your right to file in court. A lot of parents file for all sorts of motions not knowing where the ex is or the child is.

    What they did was make it appear that for 6 years you showed no desire to find your son.

    And sorry it was not illegally, since it was done though a court order, they may have lied, they may have cheated, but mostly they used your inaction for 6 years against you.

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