Can I keep my daughter during a summer visit and fight for custody from my state?

[KatieAnne713]

I'm going to ass-ume that you have joint legal custody -- in which case, you'd need Dad's approval to take her to counseling.

He refuses to tell me anything and threatens her if she tells me anything. They are moving and I am not suppose to know. I am not suppose to know what school she is in. He has been in a wreck with her and they both went to the hospital and I am not suppose to know about it.

Thanks for the advice, I just want to make sure I dont do anything illegal that could hurt my chances. My intentions are not to keep my daughter from her dad but to make sure she is safe and happy.

 

[Silverplum]

The custody case has two parties, mom and dad. The child is not a party to the case. Grandma cannot testify on the child's behalf in a custody case. A GAL could do that, but not grandma.

A GAL, a teacher, a counselor -- but not someone who LIVED in the home and witnessed?

I'll wait for OG to verify that one.

 

[KatieAnne713]

But she hasn't notified anyone as to the mistreatment?

Have you talked with Grandma at all?

I have been talking to the Grandma almost daily. She is very worried about my daughter and the way she is being treated BUT I think she is afraid that the father would keep the child from her so she has not done anything but try talking to him. Her way of "fixing" it is by telling me as she knows I will do whatever I can to stop whats going on and the father wont be angry with her as its not coming from her.

 

[LdiJ]

A GAL, a teacher, a counselor -- but not someone who LIVED in the home and witnessed?

I'll wait for OG to verify that one.

The only person who can testify on "behalf" of a child in a custody case would be someone like a GAL, therapist or attorney ad litem who is permitted to speak for the child. Otherwise its hearsay.

Grandma can testify for the respondent or the plaintiff...or against the respondent or the plaintiff.

 

[mistoffolees]

What my daughter has told me, what his mother has told me (they live with her), and what my daughter has told her school. So I don't have much for proof. Would taking her to a counselor while she is here help me in anyway? How would I even go about getting proof?

Wait a second.

The daughter told the school? Teachers and counselors are mandated reporters. They should have reported it if, as you claimed, there were bruises on the child.

What happened after they reported it?

 

[KatieAnne713]

Wait a second.

The daughter told the school? Teachers and counselors are mandated reporters. They should have reported it if, as you claimed, there were bruises on the child.

What happened after they reported it?

She reported it. The teacher saw a change in how she was acting and pulled her to the side, after my daughter told her what was going on she was sent to the school counselor. I worked at a preschool so I know they are required to report it. I just don't know how to find out if they did nor do I how long they take to start an investigation.

 

[Ohiogal]

A GAL, a teacher, a counselor -- but not someone who LIVED in the home and witnessed?

I'll wait for OG to verify that one.

The GAL can call the grandmother to testify regarding the child's treatment as can any other party to the case.

 

[Ohiogal]

The only person who can testify on "behalf" of a child in a custody case would be someone like a GAL, therapist or attorney ad litem who is permitted to speak for the child. Otherwise its hearsay.

Grandma can testify for the respondent or the plaintiff...or against the respondent or the plaintiff.

Actually you are wrong. It is hearsay regardless. SOME hearsay is admissible and some isn't. As a GAL or attorney ad litem you cannot testify with hearsay. It is INADMISSIBLE under the rules of evidence. Nor can a therapist testify to what the child has STATED.

 

[Silverplum]

The GAL can call the grandmother to testify regarding the child's treatment as can any other party to the case.

Thanks, OG!

 

[KatieAnne713]

Actually you are wrong. It is hearsay regardless. SOME hearsay is admissible and some isn't. As a GAL or attorney ad litem you cannot testify with hearsay. It is INADMISSIBLE under the rules of evidence. Nor can a therapist testify to what the child has STATED.

So what do I do?

 

[LdiJ]

So what do I do?

You will probably need a GAL as part of the custody case. Do not rely on CPS.