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Grandparents got custody by using false information... want child back!

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P

ProSe

Guest
I live in New Mexico.

My parents were granted an emergency guardianship in Jan 2002. I'm allowed visits with my child for 2 hours three times per week. There have been no hearings or recommendations made. I've been served a mediated agreement. I haven't agreed in any way to have my parents to have custody, I should be allowed to parent my child.

I have no idea how much longer they will have her, or how long it will take the system to end this insanity and let me be with my child. I'm not crazy, dangerous or high on drugs!

Please, any suggestions will be welcomed. Should I file a motion to take custody back? Can I? Should I respond to the "Agreement that I wasn't involved in the process?
 


CMSC

Senior Member
There is alot missing from this story. First of all my understanding of a mediated agreement is that both parties have been involved and have agreed. Did you have an attorney agree for you? What were the circumstances surrounding you losing the child? Who made up the "agreement"? If you had no part in it then you have every right to protest it. If there is nothing going on that would prove you unfit then yes you should modify custody! Who is allowing you visits with your child? Your parents or the courts?
There is alot of help out there for dads fighting but I think that in order for grandparents to be given guardianship there has to have been a good reason behind it.
 
P

ProSe

Guest
reply

The Court Clinic is issuing this agreement. I can't afford a lawyer. I had one file a motion to modify, but my parents answered with their fear that I'd leave the state with her.

They say I'm unfit because 5 years ago I had an allergic reaction to medication that made me confused and ill.

I never married the father of the child, but he is being supportive in this action. (But he is on probation right now for domestic abuse that was against me.... BEFORE all this came to a head)

They have no current proof of anything dangerous regarding me. But I don't know why I can't have custody of my child until they somehow prove me unfit..... which I doubt they can do. I live for her! She's only one year old! She needs her mommy! I'm missing the learning to walk phase! and so much more.

I am going to answer the "agreement" and ask for a hearing. I don't really have a lot of options. If you know of something different, I'd appreciate input.
 

CMSC

Senior Member
have you thought about going through legal aide in your county? they could be of some help if you qualify financially. You should answer the agreement stating that you did not participate in it. Do ask for a hearing. I would think that if there is nothing serious then the courts will let you have her back. They are basing thier petition off of something that happened 5 years ago? Or are they basing it on your ex's domestic violence? that would make more sense. If you think it is because of the allergice reaction get doctors records if you went to one to prove it was a reaction. Keep visiting your child and call every second of everyday to keep in touch with her.

I am not sure about this but I don't think your parents have custody just guardianship which doesn't limit your rights any, but I am not certain on that.

Good luck, let me know if you can get ahold of legal aide. Here is the website just give them a call and it will direct you from there...www.lsc.gov/map/NM.htm let me know if there is more you need help with and good luck.
 
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