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Young Lady Signed a Custody Agreement Under False Pretenses

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blossomthyme

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


I am a friend of family to a young mother (Trissa) who signed over custody of her 5 year old daughter (Georgia) to the mother of the father just a few months ago. Trissa did not have a relationship with the father but was encouraged by her mother to learn more about the father. Trissa has a learning disability and was living with her mother along with her daughter and then gravitated to the father's home (the grandmother's home). She has no criminal record nor has she had any trouble, legally or otherwise. She is a loving mother and the grandmother saw she had a learning disability and tricked her into signing a document that gave the grandmother sole custody. The grandmother told Trissa that she needed to sign the document so that she would be able to take her to the doctor, pick her up from school, things like that. Nothing about transferring custody to the grandmother. Trissa is 24 years old. She had no idea what she was signing and Family Court validated the document.

Just days ago Trissa took her daughter and will not return her. The child is traumatized and does not want to go back. She will not let her mother out of her sight and starts crying if she thinks she is going somewhere. The child feels like her mother is leaving her. The grandmother requested an emergency hearing for Trissa to return her child to her. The grandmother was not even in the childs life until Trissa's mother encouraged her to get to know the father better. The grandmother took the opportunity of getting closer to Trissa as just a ploy to get custody of her child based solely on the fact that the child is her son's daughter. Not giving any thought to the affect this would have on the 5 year old child and going so far as to request a hearing to get her back. The child and Trissa lived with Trissa's mother before she started visiting the father's mother. She got her to sign the document by driving to a place where Trissa was babysitting and told her she had to sign the document knowing Trissa would not know what she was signing. It was signed under false pretenses and it is unconscionable that she would harm the child's psyche in that way as the child has only known her own mother as her mother and is distraught at being kept at the grandmother's after being in her mother's care since birth. The grandmother started telling Trissa when she could see her and when she could not! She had to take her and is hiding at this time.

I have met the child and she is a lovely, intelligent and very cognizant of what is going on and she doesn't want to return to the grandmother's. The father is marginally involved at best.

How can she and her mother have this custody document reversed? Trissa's mother has gone to court for an intervention, as Trissa's mother was also caring for the child as well before the grandmother stole the child by using the court system which she must be familiar with. The judge basically ignored Trissa's mother's pleas for help. Just going by the signed document and not the extenuating circumstances.

My mother is personally involved with this family and after hearing this and meeting and seeing how the child clings to her mother, I am trying to find out what can or should be done to reverse this custody document so that the mother has primary custody again. She already had primary custody before, the father showed little interest in the child and still does. The court was not involved in their lives before the grandmother did this and there was NO custody issue before this. She was just her mother and there was no custody issues going on. The father didn't want the child!! That grandmother potentially is harming this child and Trissa's Mom is very concerned for her and wants to get her into therapy ASAP.

Thank you all for your input,
Beverly
 


Proserpina

Senior Member
Trissa needs an attorney. Grandma has court ordered custody, yes?

We can't take it step by step and though we appreciate you're a close friend, you're not actually involved legally speaking. Again, Trissa needs an attorney - she can't do this on her own.
 

stealth2

Under the Radar Member
Agreed. The best thing you, your mother and Trissa's mother can do is help her find/pay for an attorney.
 

blossomthyme

Junior Member
Trissa needs an attorney. Grandma has court ordered custody, yes?
Thank you for your response. I'm not sure of the distinction between court ordered and Grandma just had her sign something and then filed it in Family Court. So if her doing that constitutes court ordered, then I suppose it is.

I do realize she will need an attorney. I told them that last night, but we would appreciate any insight into the law or what law Grandma violated by having her sign something she knew she would not understand or read. Shouldn't the court require that she was sure that this is what she wanted to do? Or at the very least have her signature notarized? Can anybody just shove a document in front of an unsuspecting individual and get away with taking their child in this manner? It seems cheap and too easy.

Can you tell me something in the law that I can tell them so they can calm down that the attorney would do, an example of how this could be reversed and on what basis?

Thank you.
 

Silverplum

Senior Member
Thank you for your response. I'm not sure of the distinction between court ordered and Grandma just had her sign something and then filed it in Family Court. So if her doing that constitutes court ordered, then I suppose it is.

I do realize she will need an attorney. I told them that last night, but we would appreciate any insight into the law or what law Grandma violated by having her sign something she knew she would not understand or read. Shouldn't the court require that she was sure that this is what she wanted to do? Or at the very least have her signature notarized? Can anybody just shove a document in front of an unsuspecting individual and get away with taking their child in this manner? It seems cheap and too easy.

Can you tell me something in the law that I can tell them so they can calm down that the attorney would do, an example of how this could be reversed and on what basis?

Thank you.
That's the point: she should see an attorney, get the advice from the attorney, learn what she can from the attorney.

An agreed order filed with the Court is the same as a court order.
 

single317dad

Senior Member
The ruling factor in all custody decisions is the best interest of the child(ren). How that "best interest" is defined varies slightly from one jurisdiction to another. Most places use a very clear set of guidelines in an initial custody determination, then require either a change in circumstances in the child's life or agreement between the parties as grounds to change that initial order. Maryland, like most states, publishes a wealth of information on their guidelines for decisions relating to child custody:

http://www.courts.state.md.us/family/pdfs/familylawinformation-childcustodyvisitationlegaldigest.pdf (Lots of case law on different challenges to custody)

http://www.courts.state.md.us/family/familylawinformation-childcustodyvisitation.html

http://law.justia.com/codes/maryland/2005/gfl.html (Family Law is all the '9' and '9.5' code sections on that page)
 

stealth2

Under the Radar Member
Trissa's mother has gone to court for an intervention, as Trissa's mother was also caring for the child as well before the grandmother stole the child by using the court system which she must be familiar with. The judge basically ignored Trissa's mother's pleas for help. Just going by the signed document and not the extenuating circumstances.
Looks like it is court ordered. Is Trissa considered incompetent? Does her Mom have guardianship over her? TRISSA should have been in court - WITH a lawyer. She now has an uphill battle. And keeping the child against a court order? No bueno. Instead of being on the 'Net ('cause, really? It is not your legal situation and you shouldn't be plastering it for the world to see), you need to tell them to speak with a lawyer ASAP. Time is of the essence.
 

Ohiogal

Queen Bee
Thank you for your response. I'm not sure of the distinction between court ordered and Grandma just had her sign something and then filed it in Family Court. So if her doing that constitutes court ordered, then I suppose it is.

I do realize she will need an attorney. I told them that last night, but we would appreciate any insight into the law or what law Grandma violated by having her sign something she knew she would not understand or read. Shouldn't the court require that she was sure that this is what she wanted to do? Or at the very least have her signature notarized? Can anybody just shove a document in front of an unsuspecting individual and get away with taking their child in this manner? It seems cheap and too easy.

Can you tell me something in the law that I can tell them so they can calm down that the attorney would do, an example of how this could be reversed and on what basis?

Thank you.
Why can't Trissa read? Why did Trissa sign it? Quite frankly, Trissa is guilty of a crime at this juncture by hiding the child from the custodian. Does she want to go to jail? She can be arrested and charged for what she is doing. Then she will NEVER get custody returned to her.
 

Proserpina

Senior Member
Why can't Trissa read? Why did Trissa sign it? Quite frankly, Trissa is guilty of a crime at this juncture by hiding the child from the custodian. Does she want to go to jail? She can be arrested and charged for what she is doing. Then she will NEVER get custody returned to her.

I think Trissa needs to understand exactly whats going on - she's clearly not understanding how any of this works and she's about to shoot herself in the foot so badly it's going to hurt for a long time.
 

LdiJ

Senior Member
I think Trissa needs to understand exactly whats going on - she's clearly not understanding how any of this works and she's about to shoot herself in the foot so badly it's going to hurt for a long time.
I agree. A good attorney may be able to establish that grandma obtained custody under false pretenses, (particularly since it was just a few months ago)but Trissa just taking matters into her own hands like this is going to be very problematic unless she gets an attorney on board IMMEDIATELY.
 

Ohiogal

Queen Bee
I think Trissa needs to understand exactly whats going on - she's clearly not understanding how any of this works and she's about to shoot herself in the foot so badly it's going to hurt for a long time.
She could be arrested and charged with a crime -- interference of custody or even kidnapping. Trissa will not be able to plead ignorance. And unless she is found to be incompetent (thus sentenced to a mental institution to become competent) she could find herself being tried and convicted.
 

Proserpina

Senior Member
She could be arrested and charged with a crime -- interference of custody or even kidnapping. Trissa will not be able to plead ignorance. And unless she is found to be incompetent (thus sentenced to a mental institution to become competent) she could find herself being tried and convicted.

Yes, I agree. This is a frankly dreadful situation because Trissa obviously has no idea what to do here.

LdiJ, I'm not convinced at all that Grandma obtained custody by using underhanded measures. Did Trissa understand? Perhaps, perhaps not. It's not an excuse though.
 

Ladyback1

Senior Member
What is the name of your state (only U.S. law)? That grandmother potentially is harming this child and Trissa's Mom is very concerned for her and wants to get her into therapy ASAP.

Thank you all for your input,
Beverly
What about Trissa? Is she in therapy? What is the nature of her disability? Was Trissa the primary caregiver (and decision) maker of the child? Or did Trissa mom handle those duties?

Trissa signed of her own free will. If Trissa did not know to read the document before signing, then unfortunately this is on Trissa. If Trissa was uncomfortable signing, Trissa could have refused and advise that she (Trissa) wanted someone else to read it for her.

But the best advice is that Trissa needs to return the child IMMEDIATELY if not sooner. Trissa is looking at potential jail time if the DA presses kidnapping charges (and please tell me Trissa did not leave the state!?!?) If your mother and you do not cooperate with the police in this matter the two of you could also face legal charges.
 

Proserpina

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

Just days ago Trissa took her daughter and will not return her. The child is traumatized and does not want to go back. She will not let her mother out of her sight and starts crying if she thinks she is going somewhere. The child feels like her mother is leaving her. The grandmother requested an emergency hearing for Trissa to return her child to her. The grandmother was not even in the childs life until Trissa's mother encouraged her to get to know the father better. The grandmother took the opportunity of getting closer to Trissa as just a ploy to get custody of her child based solely on the fact that the child is her son's daughter. Not giving any thought to the affect this would have on the 5 year old child and going so far as to request a hearing to get her back.

Did it occur to you and Trissa that the child's anxiety might be because she was taken from her CUSTODIAN without warning? You're talking about Grandma not thinking about child... it is bizarre that none of you are thinking about what Trissa did, which would cause a whole lot of stress to the child herself?

The child and Trissa lived with Trissa's mother before she started visiting the father's mother. She got her to sign the document by driving to a place where Trissa was babysitting and told her she had to sign the document knowing Trissa would not know what she was signing. It was signed under false pretenses and it is unconscionable that she would harm the child's psyche in that way as the child has only known her own mother as her mother and is distraught at being kept at the grandmother's after being in her mother's care since birth. The grandmother started telling Trissa when she could see her and when she could not! She had to take her and is hiding at this time.
Do you understand that this may well end up with Trissa having nothing but supervised visitation? Nobody has even thought of that, have they?

I have met the child and she is a lovely, intelligent and very cognizant of what is going on and she doesn't want to return to the grandmother's. The father is marginally involved at best.
Please. The child is 5. She'd want to live with Santa in December and perhaps the Easter Bunny in April.

How can she and her mother have this custody document reversed? Trissa's mother has gone to court for an intervention, as Trissa's mother was also caring for the child as well before the grandmother stole the child by using the court system which she must be familiar with. The judge basically ignored Trissa's mother's pleas for help. Just going by the signed document and not the extenuating circumstances.
The judge ignored the pleas of someone who didn't actually follow court rules. The judge was right.

My mother is personally involved with this family and after hearing this and meeting and seeing how the child clings to her mother, I am trying to find out what can or should be done to reverse this custody document so that the mother has primary custody again. She already had primary custody before, the father showed little interest in the child and still does. The court was not involved in their lives before the grandmother did this and there was NO custody issue before this. She was just her mother and there was no custody issues going on. The father didn't want the child!! That grandmother potentially is harming this child and Trissa's Mom is very concerned for her and wants to get her into therapy ASAP.

Thank you all for your input,
Beverly

Having re-read this several times, I have come to the conclusion that Trissa represents more of a threat to the child's well-being than anybody else. It is utterly mind-boggling how you have glossed over Trissa's actions. SHE didn't think of her child - to blame Grandma is frankly disturbing and approaching disgusting.
 
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