What is the name of your state?What is the name of your state?New York State:
I am a father from New York, with sole custody of 3 children (boys 11 & 13) daughter 9. I now live in Arkansas for the last year. Real mother out of picture for past 9 years. I married again in 2000 for 1 yr. 4 mos. then we separated.
She filed for guardianship back in 2002, while we were separated, and the Ontario county judge dismissed it saying there was no blood relation. Then after our divorce was finalized in 2/2004 and I and my kids moved to Arkansas, X wanted guardianship of my daughter, and took me to back to court.
Ontario County gave her temporary/permanent guardianship. She represented herself as my daughters mother and through the law guardian. (thought the law guardian was suppose to represent the child not the (NON-PARENT, NON-MOTHER).She wants to be my daughters mother, but she is not and never will be. She is now trying to get a restraining order so that I will not be able to phone or see my daughter anymore. I had a lawyer that was not willing to stand up for my rights as the sole custodial parent.
Now what? How do I get my daughter back? Please Help?
Temporary or Permanent?
In court on 7/19/04 it was stated temporary guardianship. This is the order I received. But, I have just recently found out that the Law Guardian typed out a permanent guardianship, at that time without it going infront of the court. And, I never received a copy of this order.
I have also found out that there was a court date on 7/8/04 that I was never told about. I was in court on 7/19/04 for 4 hours and was charged by my lawyer at $140.00 per hour. When I sent for the court transcripts last week I was told there was no court hearing on that day, therefore there was nothing for me to receive.
(Yes, It was said that she was not the mother, but she was referred to as Child's mother.) I kept telling my lawyer to remind them that she was not the mother, He would once and a while, or he would say they know that.
I am not looking for a lawyer on here. I'm just looking for some info, I feel like I am being manipulated by the NY Family Court System.
Yes, I had custody of all 3 children and the two boys are living here with me in Arkansas. My daughter was also living here and enrolled in school and the Judge ordered on a friday, that I get her back in NY by that following monday. (I am told by several people now that I did not have to do that).
Yes, I contested the Guardianship and my my ex made allegations that I was an unfit father, but the judge gave me the 2 boys and told me to take them back to Ar. giving my ex guardianship of my daughter. I was proved fit and a good father, but the law guardian kept advocating that she needed a mother figure in her life.
I am now engaged to a woman who is trying to help me put a stop to this nightmare. NY family court even ordered a criminal check on my fiance and her 2 teenage daughters and Social Services did a home study here in Arkansas, which we passed with flying colors.
BUT: there was never a criminal check on X or her male companion, or a home study done on the living quarters. She lives in a 1 bdrm apartment. We have a 2400sq.ft. 4 bdrm. home.
It is my belief that on the day we were not told to be in court that decisions were made that I was never made aware of. I even consulted with attorneys here in Arkansas and showed them the paperwork and it was beyond them also how any of this could have been taking place. Court ended in July and there were no documents sent to me by the courts or my attorney. We were financially drained when we left New York and the Family Court there. Now we have ordered trancripts and copies of the last orders to see exactly how they read.
Tell me! Is there something wrong with this picture? Where do I turn to now?
I am a father from New York, with sole custody of 3 children (boys 11 & 13) daughter 9. I now live in Arkansas for the last year. Real mother out of picture for past 9 years. I married again in 2000 for 1 yr. 4 mos. then we separated.
She filed for guardianship back in 2002, while we were separated, and the Ontario county judge dismissed it saying there was no blood relation. Then after our divorce was finalized in 2/2004 and I and my kids moved to Arkansas, X wanted guardianship of my daughter, and took me to back to court.
Ontario County gave her temporary/permanent guardianship. She represented herself as my daughters mother and through the law guardian. (thought the law guardian was suppose to represent the child not the (NON-PARENT, NON-MOTHER).She wants to be my daughters mother, but she is not and never will be. She is now trying to get a restraining order so that I will not be able to phone or see my daughter anymore. I had a lawyer that was not willing to stand up for my rights as the sole custodial parent.
Now what? How do I get my daughter back? Please Help?
Temporary or Permanent?
In court on 7/19/04 it was stated temporary guardianship. This is the order I received. But, I have just recently found out that the Law Guardian typed out a permanent guardianship, at that time without it going infront of the court. And, I never received a copy of this order.
I have also found out that there was a court date on 7/8/04 that I was never told about. I was in court on 7/19/04 for 4 hours and was charged by my lawyer at $140.00 per hour. When I sent for the court transcripts last week I was told there was no court hearing on that day, therefore there was nothing for me to receive.
(Yes, It was said that she was not the mother, but she was referred to as Child's mother.) I kept telling my lawyer to remind them that she was not the mother, He would once and a while, or he would say they know that.
I am not looking for a lawyer on here. I'm just looking for some info, I feel like I am being manipulated by the NY Family Court System.
Yes, I had custody of all 3 children and the two boys are living here with me in Arkansas. My daughter was also living here and enrolled in school and the Judge ordered on a friday, that I get her back in NY by that following monday. (I am told by several people now that I did not have to do that).
Yes, I contested the Guardianship and my my ex made allegations that I was an unfit father, but the judge gave me the 2 boys and told me to take them back to Ar. giving my ex guardianship of my daughter. I was proved fit and a good father, but the law guardian kept advocating that she needed a mother figure in her life.
I am now engaged to a woman who is trying to help me put a stop to this nightmare. NY family court even ordered a criminal check on my fiance and her 2 teenage daughters and Social Services did a home study here in Arkansas, which we passed with flying colors.
BUT: there was never a criminal check on X or her male companion, or a home study done on the living quarters. She lives in a 1 bdrm apartment. We have a 2400sq.ft. 4 bdrm. home.
It is my belief that on the day we were not told to be in court that decisions were made that I was never made aware of. I even consulted with attorneys here in Arkansas and showed them the paperwork and it was beyond them also how any of this could have been taking place. Court ended in July and there were no documents sent to me by the courts or my attorney. We were financially drained when we left New York and the Family Court there. Now we have ordered trancripts and copies of the last orders to see exactly how they read.
Tell me! Is there something wrong with this picture? Where do I turn to now?