Guardianship

[Stefclark081614]

What is the name of your state? Maine
So long story short April 2018 my husband and I had a domestic dispute which led to him having his mother take care of our then 7 year old daughter. Without our knowledge his mother filed for temporary gaurdianship and on a technicality was ultimately awarded temp. Gaurdianship. My husband and I were never notified by the courts about the court date and that's why she got it on a technicality. Now a year and a half later she has gone against the visitation court order and we have only seen her 6 hours in the last 3 months. Now on December 3 we have court for permanent gaurdianship. My question is can my husband and I legally take our daughter and move without it being considered kidnapping. We still have our rights and this is the unfortant ending to our suffering missing our daughter. Please help

 

[stealth2]

How did you find out about the temp order w/o being served, and what did you do about it?

 

[Just Blue]

What is the name of your state? Maine
So long story short April 2018 my husband and I had a domestic dispute which led to him having his mother take care of our then 7 year old daughter. Without our knowledge his mother filed for temporary gaurdianship and on a technicality was ultimately awarded temp. Gaurdianship. My husband and I were never notified by the courts about the court date and that's why she got it on a technicality. Now a year and a half later she has gone against the visitation court order and we have only seen her 6 hours in the last 3 months. Now on December 3 we have court for permanent gaurdianship. My question is can my husband and I legally take our daughter and move without it being considered kidnapping. We still have our rights and this is the unfortant ending to our suffering missing our daughter. Please help

No. You can not ad should not take your daughter and move. You need to go to the 12/3 hearing. Hire an attorney to assist you.


Were the police involved with the "domestic dispute"? If so, were there any arrests? Was CPS involved?

 

[Stefclark081614]

No. You can not ad should not take your daughter and move. You need to go to the 12/3 hearing. Hire an attorney to assist you.


Were the police involved with the "domestic dispute"? If so, were there any arrests? Was CPS involved?

The police were involved and I got arrested for disorderly conduct class E misdemeanor. Since she was there during the dispute DHHS did and investigation and no charges were filed from them on the incident. Our daughter wants to be with us and nobody is listening to what she wants. Her grandmother is an alcoholic who admits to not having the patience for our daughter. I miss her and cant even get the lawyers to make her follow through with our rights as her parents

 

[Stefclark081614]

How did you find out about the temp order w/o being served, and what did you do about it?

We found out when she called us after the hearing saying she got temporary gaurdianship. I also have the original certified slip from the post office regarding the hearing and they are not signed by my husband and I proving we never recieved them

 

[Just Blue]

The police were involved and I got arrested for disorderly conduct class E misdemeanor. Since she was there during the dispute DHHS did and investigation and no charges were filed from them on the incident. Our daughter wants to be with us and nobody is listening to what she wants. Her grandmother is an alcoholic who admits to not having the patience for our daughter. I miss her and cant even get the lawyers to make her follow through with our rights as her parents

Why did your husband place your DD with GM after the incident?

 

[Just Blue]

We found out when she called us after the hearing saying she got temporary gaurdianship. I also have the original certified slip from the post office regarding the hearing and they are not signed by my husband and I proving we never recieved them

How did you get a hold of that slip?

 

[Stefclark081614]

Why did your husband place your DD with GM after the incident?

After the incident a no contact was put in place by the state until my court date and my husband was having his mom help with our daughter while he worked. When everything was over she wouldn't give her back and with no DHHS charges or orders she somehow knew the right channels to pursue to ensure she could keep her. Her husband died unexpectedly in Jan and now she needs my daughter cause she lonely and my daughter is a mess and wants to come home

 

[Just Blue]

You really need an attorney to assist you. Call the bar assoc and ask for a referral ...make sure you briefly describe what your issue is. The referral should allow you to have a low cost consult (around 50.00) with a family law attorney. Make sure you bring all the paperwork regarding this case.

https://www.mainebar.org/


BTW: What proof do you have that your MIL is an alcoholic? Does she have a DUI history? Rehab? Drunk and Disorderly interactions with the police?

 

[stealth2]

I also have the original certified slip from the post office regarding the hearing and they are not signed by my husband and I proving we never recieved them

There is a difference between a letter mailed Certified and one mailed Certified Return Receipt Requested. The latter would show proof that you received the mail, the former is proof of mailing. I don't know if Maine requires mailing by CRRR for valid service or if simple Certified suffices. Your lawyer would know.

However, since this definitely went through the courts, you cannot simply take the child & leave. If your (court-ordered) parenting time isn't being allowed, you would need to go through the court for contempt.

 

[Stefclark081614]

How did you get a hold of that slip?

After I found out about the hearing I looked into it and the post office had the slips unsigned

 

[not2cleverRed]

What is the name of your state? Maine
So long story short April 2018 my husband and I had a domestic dispute which led to him having his mother take care of our then 7 year old daughter. Without our knowledge his mother filed for temporary gaurdianship and on a technicality was ultimately awarded temp. Gaurdianship. My husband and I were never notified by the courts about the court date and that's why she got it on a technicality. Now a year and a half later she has gone against the visitation court order and we have only seen her 6 hours in the last 3 months. Now on December 3 we have court for permanent gaurdianship. My question is can my husband and I legally take our daughter and move without it being considered kidnapping. We still have our rights and this is the unfortant ending to our suffering missing our daughter. Please help

Based on the history you have disclosed in subsequent posts, it would be ill advised for you to "take" your daughter and move.

Doing so could result in an Amber Alert.

You seem to blithely glide by the circumstances that lead to this situation.

You were arrested for what you did to your husband in front of your child. This is child abuse.
Your husband had a no contact order against you. That is why your child was not put into foster care with strangers.

Get a lawyer and get therapy. You need both.

 

[stealth2]

After I found out about the hearing I looked into it and the post office had the slips unsigned

What did your *lawyer* say when you told him you believe you were not properly served?