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Reversing Temporary Custody

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StephAnne

Junior Member
What is the name of your state (only U.S. law)? Kentucky

I volunteritarily gave tempoary custody to my dad and my step-mom. I had a mental breakdown and tried to commit suicide. Before all this happened, I have never been dinogsed. I am bipolar and manic depression. I felt like I was very unstable and I wanted what was best for my daughter. It was REALLY hard for me to give her to my parents, but I didn't think I was what was best for her at the time. When she went with my dad, we signed a paper that said I would get her back when my couselor, he and I agreed I was healthy enough to get her back. Because they live out of state, we alwso agreed they would drive down with my daughter once a month so I could see her. I talk to her every night.

I have come a long way since all this happened. I have a job, I'm going to school and I see my couselor regularly (every week). My couselor thinks it's best to wait a little bit longer before I can have her back, but she says because of my progess, she thinks the time to get her back should be with in the next couple of months.

I discussed this with my dad and he doesn't agree. He wants me to being going to church and to leave my boyfriend (I am living with him and he doesn't agree with that). I don't know how I feel about God at this point so church doesn't look great to me and my boufriend and I have been together for a long time now and he has been competely supportive through all of this. I don't think my religion or my relationship status has any effect on how I will care for my child. I love her VERY much and will do everything I can to be the best mom for her.

I'm not sure what my rights are here. I did sign a paper saying all three would have to agree, but my religion has no pull on how stable I am. I don't want to take forceful action, but if I have to I will (legally of course). I'm also concerned becasue he lives in Illinois and I am in Kentucky. What's the best way to get her back?
 


CourtClerk

Senior Member
Anyone have any advice?
As a matter of fact I do. Learn to have a little patience. It's a weekend, we are volunteers and we don't have to immediately jump at a question and answer it just because you posted it 3 hours ago.

If you need an immediate answer, pay an attorney.
 

StephAnne

Junior Member
As a matter of fact I do. Learn to have a little patience. It's a weekend, we are volunteers and we don't have to immediately jump at a question and answer it just because you posted it 3 hours ago.

If you need an immediate answer, pay an attorney.
I wasn't trying to sound snotty. I'm just really worried about my daughter. I'm sorry if I came off that way.
 

Ohiogal

Queen Bee
You really need patience!

YOu have had this situation for more a while and you expect answers in less than four hours on a weekend? Good grief. You are a bit demanding. The simple answer to your impatience is to hire your own attorney.

What is the name of your state (only U.S. law)? Kentucky

I volunteritarily gave tempoary custody to my dad and my step-mom. I had a mental breakdown and tried to commit suicide. Before all this happened, I have never been dinogsed. I am bipolar and manic depression. I felt like I was very unstable and I wanted what was best for my daughter.
Where is your child's father?
It was REALLY hard for me to give her to my parents, but I didn't think I was what was best for her at the time. When she went with my dad, we signed a paper that said I would get her back when my couselor, he and I agreed I was healthy enough to get her back.
OKay. Why did you sign that?

Because they live out of state, we alwso agreed they would drive down with my daughter once a month so I could see her. I talk to her every night.
What state was temporary custody in? What state are they in? What state are you in?Was that paper made an order of the court?

I have come a long way since all this happened. I have a job, I'm going to school and I see my couselor regularly (every week). My couselor thinks it's best to wait a little bit longer before I can have her back, but she says because of my progess, she thinks the time to get her back should be with in the next couple of months.
Okay.
I discussed this with my dad and he doesn't agree.
Oh well.
He wants me to being going to church and to leave my boyfriend (I am living with him and he doesn't agree with that).
He doesn't get to make that call.

I don't know how I feel about God at this point so church doesn't look great to me and my boufriend and I have been together for a long time now and he has been competely supportive through all of this. I don't think my religion or my relationship status has any effect on how I will care for my child. I love her VERY much and will do everything I can to be the best mom for her.
Is your boyfriend a pedophile? Drug addict? Something that would endanger your child?

I'm not sure what my rights are here. I did sign a paper saying all three would have to agree, but my religion has no pull on how stable I am.
WEll what medical background does your father have?
I don't want to take forceful action, but if I have to I will (legally of course). I'm also concerned becasue he lives in Illinois and I am in Kentucky. What's the best way to get her back?
Get your counselor on your side and go back to court that granted them temp custody to get your child. And again, where is the child's father?
 

Ohiogal

Queen Bee
I wasn't trying to sound snotty. I'm just really worried about my daughter. I'm sorry if I came off that way.
YOur daughter has been with your parents several months. She is not in danger. If she is call the police. However don't demand advice in three hours on a weekend.
 

CourtClerk

Senior Member
This post makes no mention of how long the child has been with the grandparents, however, I will point out that 3 1/2 months ago, you were unemployed and at risk of being evicted from your apartment with your child. Now you're bipolar and suicidal. That isn't really a good length of time to prove that you are now stable, considering you aren't (I assume) self supporting at this time. Move out, get your OWN place, pay your own bills all by yourself, continue with your mental health treatment, THEN pursue getting your child back. There is no good that is going to come from rushing to put your child in the house with some random dude. What happens when you two break up?
 

StephAnne

Junior Member
Wow, I'm sorry I bumped up my post. I didn't "demand" an answer right now. This is just the only thing on my mind right now. Plus, I don't have internet at home, so I'm at the mercy of other people. I just got on again to check, saw it wasn't answered and bumped it up. I won't do it again. I wasn't trying to offend or piss any one off. I wasn't mad that it wasn't answered or anything. Just merely curious.

You're right. My daughter isn't in any danger. I gave her to my parents because I knew she would be in good hands. And I'm not trying to get her back right now. I just want to make sure what my options were when the time came. I'm not angry with my father, in fact I'm grateful he helped my daughter. I'm more worried about getting her back. That's all.
 

StephAnne

Junior Member
This post makes no mention of how long the child has been with the grandparents, however, I will point out that 3 1/2 months ago, you were unemployed and at risk of being evicted from your apartment with your child. Now you're bipolar and suicidal. That isn't really a good length of time to prove that you are now stable, considering you aren't (I assume) self supporting at this time. Move out, get your OWN place, pay your own bills all by yourself, continue with your mental health treatment, THEN pursue getting your child back. There is no good that is going to come from rushing to put your child in the house with some random dude. What happens when you two break up?
WOW. That was uncalled for. I agree, 3 1/2 months is not that long to say I'm completely stable, but to assume i just hook up with "random dudes"? My boyfriend and I have been together for a while now and he isn;t going anywhere. I'm not living off him. We share the bills. Remember I said I have a job?

I have gone through a lot and made a lot of mistakes, but that doesn't mean I don't want what's best for my daughter. The decision to have her be with my parents was one of the hardest decisions I have ever made. But I tried to step outside of myself and look at what was right for her. Again, I'm not saying I want her back RIGHT NOW. I said it would be a while. But what worried me was that my father put more rules in that wasn't in the paper we signed.
 

StephAnne

Junior Member
A year. And I pay the bills WITH my boyfriend. It's not like I'm at home all day doing nothing to change my situation.
 

CourtClerk

Senior Member
A year. And I pay the bills WITH my boyfriend. It's not like I'm at home all day doing nothing to change my situation.
You are making an awesome case for your parents to keep your child (at least for the time being). You have been with your boyfriend a year (and a year is NOT a long time) but 3 1/2 months ago, you were unemployed, unable to pay the bills and in danger of getting evicted. Ok. Don't get snippy with me. You think WE'RE tough, wait until you get inside of a courtroom. They will rip you apart and you won't have a monitor and keyboard to hide behind. There are going to be some TOUGH questions you're going to have to answer.

How long have you been employed?
What is your income?
What is your plan for a home and insurance for this child?
Are you medicated and are you stable? If yes, for how long?
When was the last time you were hospitalized for ANYTHING?
When did you last attempt to commit suicide?
Where was your daughter when you attempted suicide?
 

LdiJ

Senior Member
Did you do this "custody/guardianship" through the courts?
That question came to my mind as well. If a judge didn't sign off on the temporary custody, the agreement means squat.

It also comes to mind that this would be a parent vs a third party case, and everyone is treating it as though its a parent vs parent case.

She voluntarily gave temporary custody to her parents. She will not have to jump through her parent's hoops to regain custody, and also will not necessarily have to jump through all the hoops that people here are leading her to believe that she will have to jump through.

She has constitutional rights, her parents do not.
 

Ohiogal

Queen Bee
That question came to my mind as well. If a judge didn't sign off on the temporary custody, the agreement means squat.

It also comes to mind that this would be a parent vs a third party case, and everyone is treating it as though its a parent vs parent case.

She voluntarily gave temporary custody to her parents. She will not have to jump through her parent's hoops to regain custody, and also will not necessarily have to jump through all the hoops that people here are leading her to believe that she will have to jump through.

She has constitutional rights, her parents do not.
Whoa! EVERYONE IS NOT equating this to a parent vs parent case. If this was signed off through the courts, then the courts agreed with the provision of the COUNSELOR agreeing to her stability. Which will have to be met. Show me where I have said she cannot get her child back when the counselor states she is stable?
 

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