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can the "Winner" of custody case pawns of child on family members?

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ts_looney

Junior Member
What is the name of your state? Oklahoma (we're OK!)

I was involved in a custody case with my mother(legally, an outside third party) over my daughter. I missed a court date before I had retained a lawyer and my mother was awarded "Emergency Temporary Custody" pf my daughter. The case changed judges immediatly afterwards. The new judge, having heard nothing of the case wanted "Er on the side of caution" and let the emergency rule stand. My nother's lawyer then changed the focus of the case from custody to visitation, and did a wonderful job of stalling. I "threw in the towel" on September 10th, 2001 (timing, huh?), as my mother had simply out spent me. No final court order was given granting my mother custody. The case remains technically open.

Since that time, I was told that if my son wanted to visit with my daughter, I should get a lawyer. My mother sent my daughter to live with one of my brothers, then another. Can she do that? About 9 months ago I was allowed contact with my daughter, who is 15 now, for the first time since 2001. She has expressed a desire to move back in with me, as she hates living with my brother. What are my legal options here?
 


Ohiogal

Queen Bee
Take your mother back to court citing a change in circumstance and detailing how you are fit to be her parent and custodian. You lost because you didn't bother to show up. Regardless of whether you have an attorney you should NEVER miss court.
 

ts_looney

Junior Member
Regardless of whether you have an attorney you should NEVER miss court.
Oh like I don't know that. The court clerk told me that they notified all the attorneys of the court date. She just blinked at me when I said I didn't have an attorney. But by then it was too late, as my mother had physical custody. Had the police pick her up from school on her first day of third grade.
 

BL

Senior Member
can the "Winner" of custody case pawns of child on family members?
Where do you get that legal jargon from ?

You need to petition the Court to revoke temporary Custody . Anyways how temporary was this suppose to be for ?
 

Ohiogal

Queen Bee
ts_looney said:
Oh like I don't know that. The court clerk told me that they notified all the attorneys of the court date. She just blinked at me when I said I didn't have an attorney. But by then it was too late, as my mother had physical custody. Had the police pick her up from school on her first day of third grade.
Apparently you had an attorney on record with the court system. Did you have another type of case in the same court in which you were represented?
 

ts_looney

Junior Member
Ohiogal said:
Apparently you had an attorney on record with the court system. Did you have another type of case in the same court in which you were represented?
I didn't have a lawyer until after the missed court date. I had never needed one before that, for any reason.
 

GrowUp!

Senior Member
ts_looney said:
Oh like I don't know that.
Really? You claim you know that, but yet you missed the date anyway. Yeah...oookkay there pal. Keep trying to sell that story.

The court clerk told me that they notified all the attorneys of the court date. She just blinked at me when I said I didn't have an attorney.
And clerks at the court house do not dispense legal advice and/or assistance of any kind. You can't hold them accountable in anyway for any misinformation they give you.
 

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