Legal Guardian refused to allow contact

[moburkes]

Whos is she? The cousin? Your husband will need to get a copy of the court order. He needs to contact the county's court that issued it.

[LdiJ]

Originally Posted by WhereRtheMorals

My husband and I will NOT lie down and give up. I understand that these are the questions that we will be faced with in court. I also know that my husband and I have beat ourselves up over every little pety thing that WILL be brought up in court. We know how vindictive his cousin is and we have spent a lot of time preparing for those kind of questions. I get defensive because I know that we are the underdogs because sooo much time has already gone by. Where we are at now is stable and consistant.. Now we are ready for the fight.. I only wish to get some good advice and Ideas from whoever will listen. Ideas on other things that we might not have thought of to help our case... or things that we could be doing that we haven't yet... Or that maybe someone reading this has information or good ideas from a personal experience that has helped them.. could also help us in our goals.. We both love her and miss her so much.. even just help with how to get some solid visitation would benefit us. The steps we need to take and what not else.

As far as the paperwork.. "What does the COURT ORDER state. Not the residential schedule BUT THE COURT ORDER that incorporates the schedule?" All that She ever gave us/sent us WAS the Residential Schedule. IT is the ONLY paperwork my husband has ever had to sign.

Then dad needs to contact the court in WA and get a copy of the orders. To know EXACTLY what the orders say is the first and most important thing.

[WhereRtheMorals]

I have been trying to find the answer to the guardianship/legal custodian question, but were it stipulates where the child will stay at it says - word for word:

Prior to enrollment in school, the child shall reside with cousin and cousin(the child's paternal grand parents), except for the following days and times when the child will visit the following parties:

Now, what is funny to me is that they are NOT the paternal grand parents. My husband's mom and dad live in OK.

[Silverplum]

Originally Posted by WhereRtheMorals

I have been trying to find the answer to the guardianship/legal custodian question, but were it stipulates where the child will stay at it says - word for word:

Prior to enrollment in school, the child shall reside with cousin and cousin(the child's paternal grand parents), except for the following days and times when the child will visit the following parties:

Now, what is funny to me is that they are NOT the paternal grand parents. My husband's mom and dad live in OK.

This court order is HOW old? If he didn't contest it in a set period of time (state law specific), it doesn't matter. The kid lives with the cousins, from whichever side of the family.

It would be good if Dad (or you) did A LOT OF READING on this site and others. Google for the proper state's info. There's a ton of info out there, but one must educate oneself.

[FITFatherof2]

What county in Washington did this happen in?

[WhereRtheMorals]

Originally Posted by FITFatherof2

What county in Washington did this happen in?

Benton County

[Ohiogal]

Originally Posted by WhereRtheMorals

My husband and I will NOT lie down and give up. I understand that these are the questions that we will be faced with in court. I also know that my husband and I have beat ourselves up over every little pety thing that WILL be brought up in court. We know how vindictive his cousin is and we have spent a lot of time preparing for those kind of questions. I get defensive because I know that we are the underdogs because sooo much time has already gone by. Where we are at now is stable and consistant.. Now we are ready for the fight.. I only wish to get some good advice and Ideas from whoever will listen. Ideas on other things that we might not have thought of to help our case... or things that we could be doing that we haven't yet... Or that maybe someone reading this has information or good ideas from a personal experience that has helped them.. could also help us in our goals.. We both love her and miss her so much.. even just help with how to get some solid visitation would benefit us. The steps we need to take and what not else.

As far as the paperwork.. "What does the COURT ORDER state. Not the residential schedule BUT THE COURT ORDER that incorporates the schedule?" All that She ever gave us/sent us WAS the Residential Schedule. IT is the ONLY paperwork my husband has ever had to sign.

Then hubby needs to contact the court and find out if legal custody or legal guardianship was awarded.

[Ohiogal]

Originally Posted by WhereRtheMorals

I have been trying to find the answer to the guardianship/legal custodian question, but were it stipulates where the child will stay at it says - word for word:

Prior to enrollment in school, the child shall reside with cousin and cousin(the child's paternal grand parents), except for the following days and times when the child will visit the following parties:

Now, what is funny to me is that they are NOT the paternal grand parents. My husband's mom and dad live in OK.

Residing with someone still doesn't answer the question. It could be custody or guardianship.

[WhereRtheMorals]

I'm 75 % sure it's guardianship. I will be working on finding out which it is. IN the mean time could you tell me the major differences in terminology and what each means?

[Silverplum]

Originally Posted by WhereRtheMorals

I'm 75 % sure it's guardianship. I will be working on finding out which it is. IN the mean time could you tell me the major differences in terminology and what each means?

Good grief. Ohiogal is a practicing attorney who gives some time volunteering here. She doesn't have time to explain all legal terms. Google is your friend.

[CJane]

Can I just interject that from what OP is saying, I'm in SERIOUS doubt as to whether or not this is actually a court order. I'd almost be willing to bet that this has never been signed by a judge...

[LdiJ]

Originally Posted by CJane

Can I just interject that from what OP is saying, I'm in SERIOUS doubt as to whether or not this is actually a court order. I'd almost be willing to bet that this has never been signed by a judge...

I am in doubt as well.

However, I will point out one thing that has not been addressed. It appears that whatever was done, guardianship or custody, was done voluntarily by the parents. (I am totally unsure about mom, there is no mention of her agreeing as well) Therefore even if its custody, its no where near as "fixed" as we might have originally assumed.

[CJane]

Originally Posted by LdiJ

I am in doubt as well.

However, I will point out one thing that has not been addressed. It appears that whatever was done, guardianship or custody, was done voluntarily by the parents. (I am totally unsure about mom, there is no mention of her agreeing as well) Therefore even if its custody, its no where near as "fixed" as we might have originally assumed.

Well, if Mom never agreed, and this was just dad signing off on guardianship papers in an effort to 'protect' the child, then it's not terribly valid anyway, except as status quo.

I'm curious where mom is NOW too.

[WhereRtheMorals]

Mom DID sign the same residential schedule as my husband. She gave up and is no longer a part of my stepdaughter's life. She NEVER even tried to get her parenting class done... so she is not allowed to try and see her, nor does she care to. She lives like a gypsy. She is currently (I say currently because tomorrow might me different) in Nevada with another internet boyfriend. She has talked with my husband and I and would be willing to terminate any and all connections she has to her daughter. Sad, but might just be the best thing for the child.

I HAVE been doing a lot of online research and was wondering if you all agree with something that I read. IT stated that if a non custodial parent (my husband) doesn't SEE or VISIT his daughter within a year, he will most likely lose any and all attempts to gain custody or modify the R.S. How true is this? Money is very tight and his job won't let him take time off. We NEED him to keep his job, but how are we to move on this. We are sitting on 9 months of NO physical contact.

IS DHS mandatory to make visits to where my stepdaughter is staying? IF so, it has NEVER been done.

I know of a party that is to take place for my husband's cousin's son who is turning 21 (this is the known criminal & drug addict that has been under house arrest at the same home as my stepdaughter) I KNOW in my heart that underage drinking will be going on and smoking also. AS I have stated before, my stepdaughter is NOT allowed to be exposed to ANY alcohol or smoke (she is allergic to smoke)

Do these restrictions still apply to the home that my stepdaughter resides at currently? IF SO, then what should I do in order to fianlly catch them in the act?

I have been told I should call the police in WA on the day the party is to go down and tell them that a child, ward of the State of WA is in a dangerous situation and that DHS and the police should go out and investigate. IS this good advice?

These cousins are VERY tricky and I forsee them to get out of that situation scott free. What do you all suggest?