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

I read a story on hear recently that sounds much like my current situation and now I'm scared. My sister passed away 2 years ago and appointed me as the guardian of her daughter in her will. My husband and I are currently raising her with our other children. My sister and her ex split when she was about 1 year old. My sister took him to court and obtained a child support order. She kept full custody and he had visitation every weekend. He never paid the child support and then when they finally started taking the money out of his pay check he quit his job and he decided to move back to florida with his mom. No one has been able to contact him since and our family has no idea how to contact him (we also don't have the money to hire someone to track him down - but we did try using the web with no luck). I'm scared because, although we can't prove it, we know that he use to hit my sister and he used drugs (which is why they separated). It wouldn't surprise me if he showed up and took her just so that he could get a tax credit. My niece knows about him, but doesn't remember him. Is there anything I can do so that he doesn't just show up and take her away? Would he have have to take me to court first to get her or would the court give him the child first and then I would be the one to have to take him to court? I know that people can change, but if he were to show up and "just take her" wouldn't that count as "tramatizing her" since she doesn't know him? Would the courts allow us to keep her until the whole thing is settled in court? Any advise on what we should do if he shows up and tries to take her away from us?
 
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Hisbabygirl77

Senior Member
Yes its possible the Seahawks will win the superbowl this year but I doubt it. Its possible my daughter can go a week without rolling her eyes but I really doubt that. Its possible I will get a win a cruise to some magical mystical island but I really really doubt that.
 

Isis1

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

I read a story on hear recently that sounds much like my current situation and now I'm scared. My sister passed away 2 years ago and appointed me as the guardian of her daughter in her will. My husband and I are currently raising her with our other children. My sister and her ex split when she was about 1 year old. My sister took him to court and obtained a child support order. She kept full custody and he had visitation every weekend. He never paid the child support and then when they finally started taking the money out of his pay check he quit his job and he decided to move back to florida with his mom. No one has been able to contact him since and our family has no idea how to contact him (we also don't have the money to hire someone to track him down - but we did try using the web with no luck). I'm scared because, although we can't prove it, we know that he use to hit my sister and he used drugs (which is why they separated). It wouldn't surprise me if he showed up and took her just so that he could get a tax credit. My niece knows about him, but doesn't remember him. Is there anything I can do so that he doesn't just show up and take her away? Would he have have to take me to court first to get her or would the court give him the child first and then I would be the one to have to take him to court? I know that people can change, but if he were to show up and "just take her" wouldn't that count as "tramatizing her" since she doesn't know him? Would the courts allow us to keep her until the whole thing is settled in court? Any advise on what we should do if he shows up and tries to take her away from us?
since the death of mom, how have you taken the child to the doctor? enrolled in school?
 

Proserpina

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

I read a story on hear recently that sounds much like my current situation and now I'm scared. My sister passed away 2 years ago and appointed me as the guardian of her daughter in her will. My husband and I are currently raising her with our other children. My sister and her ex split when she was about 1 year old. My sister took him to court and obtained a child support order. She kept full custody and he had visitation every weekend. He never paid the child support and then when they finally started taking the money out of his pay check he quit his job and he decided to move back to florida with his mom. No one has been able to contact him since and our family has no idea how to contact him (we also don't have the money to hire someone to track him down - but we did try using the web with no luck). I'm scared because, although we can't prove it, we know that he use to hit my sister and he used drugs (which is why they separated). It wouldn't surprise me if he showed up and took her just so that he could get a tax credit. My niece knows about him, but doesn't remember him. Is there anything I can do so that he doesn't just show up and take her away? Would he have have to take me to court first to get her or would the court give him the child first and then I would be the one to have to take him to court? I know that people can change, but if he were to show up and "just take her" wouldn't that count as "tramatizing her" since she doesn't know him? Would the courts allow us to keep her until the whole thing is settled in court? Any advise on what we should do if he shows up and tries to take her away from us?
If he is her legal father and hasn't had his rights terminated he will generally always have more rights to his child than anyone else - you included.

Having said that you may be able to make a case - but honestly, if you're going to do it, you need to think about doing that now (before he turns up again) opposed to later after he's shown up and started the battle.

It might be worth having at least an initial consult with an attorney - Dad does have rights and those rights will trump yours unless you actually adopt her or are actually awarded custody.
 
what would we have to do now (before he shows up)? what kind of paperwork do I need to file with the courts? do we need to file for "custody"?

We are her legal guardians (my husband and I) i thought that automatically meant we have custody.
 
do you know what we are required to do in court when we file for custody if we can't find him? i'm guessing he would need to be "served", but how do you do that when you don't know where the person is?
 

Isis1

Senior Member
She is the legal guardian. Listen OP you really need to go to court and file for custody. The father could come back at any point and take the child.
and dad will have to be found and served. as a third party, you REALLY should get an attorney. service by publication is possible, but you need to have it done legally correct.
 

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