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Grandmother Stole Daughter, we want he back

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What is the name of your state? Maine

Ok to make a Very Long Story short, Grandmother stole Husbands Daughter and even admits to it...His mother...Yes HIS mother, set it up with Husbands Ex to get custody of Husbands daughter, His mother was always very mean to him and His mother could not except the fact that her son Could take care of his daughter but his sisters could not take care of their children so His mother set it up with his Ex, and His sisters to send him out of town on a fake job, and while he was gone His ex went to his sisters and took his daughter. His ex had, had nothing really to do with either of her children, and was supposed to have supervised visits and was not to take his daughter anymore then 20 miles from his house. His mother had approuched His Ex a month before this and had it all set up, Even had his ex sign gaurdianship paper, but for it to take affect both parents signatures needed to be on that paper, so when husband got home and found out his ex had his daughter, he was petrified for the safty of his daughter, His ex was then seeing a known pediphile, he called the cops they said there was nothing they could do, it was a civil matter that had to be taken to court, Then it so Happenes That His Mother has these papers that could get his daughter back as soon as they were signed, so on the understanding that he would have his daughter back and home safely, he signed them, His mother swearing that shed give him his daughter back, Well the papers were signed and that was the end of that, she wouldnt give her back. He was devistated, He went on drunken binge and before he new it, that was the end, he lost his job and then the court ordered him to have a job and a stable home for 6 months, well he went on a year drunk, thought that hed never get his daughter back, Well its been three years now, we have a child of our own and my husband hasnt had a drink in three years. But the trouble now is bad, his mother hates him and is using his daughter against him every chance she can. My husband is disabled and also has a brain tumor, also he is in the process (along with 10 of his cousins) and working with the police to get his mothers Brother behind bars for molestation, He brother has molested alot of the children in the family, and it happened to him when he was eight, he took it to his mother at the time but she made him be quiet about it, and he has for 24 years until this past spring a detective contacted him and now he and many family members are working to get this guy in prison, so now his mother is trying to get him to drop the case by with holding visitation from his daughter and making it very difficult, ive already lost 2 jobs because, of her. I would get a call at work from my husband saying "we got to take my daughter home now my mother just called and if we dont have her home in an hour then shes going to call the cops". Bosses just dont like his employees getting up in the middle of a work day and leaving. But im at my last straw and we want custody, She has my husbands ex living with her, who is supposed to have limited and suppervised visits. I need to know what we need to do to terminate her gaurdianship. This is also Hurting His daughter, shes not allowed to go to my parents anymore who she loves dearly. she says to us "mammie says I'll be in trouble if i go to grammie and grampa's" Or "mammie says im not to listen to you cuz your not to tell me what to do" or "mammies says That baby brother is only my Half Brother and I shouldnt love him".. This is really hurting this girl, SHe used to be so loving and caring and now shes indifferent to all of us, she says she dont like comming there because she always gets in trouble with mammie, Please any advice would help, we dont know what to do and cant afford a lawyer, we was told to get a Guardian Ad Litem but cant afford that either. :( :confused:
 


rmet4nzkx

Senior Member
If you can't afford a GAL then you will have to let the court decide. Your husband is not without his faults.
 
dont know how

I would let the court decide, but i dont know how to go about it. What do i need to do to terminate her guardianship? :confused:
 

casa

Senior Member
katinmaine said:
I would let the court decide, but i dont know how to go about it. What do i need to do to terminate her guardianship? :confused:
Dad needs to petition the court to modify custody/visitation. He can request a GAL be assigned or other advocate such as CASA or Minor's counsel/attorney. Depending on the outcome of the pending investigation re; the uncle~ That could weigh heavily on the court and work in his favor re; custody.

Has he contacted any Father's Rights groups? Social Services? (If he believes the child is in danger). Is the uncle allowed access to the child? Is the Mother still hooked up with a pedophile? Meanwhile, he can research some information at: www.deltabravo.net

Do you have the paperwork he signed originally, and if so, can you please come back and type- specifically- what it says?
 
The only court paper I have been able to get my hands on is the original order making His mother Gaurdian, and all it says is her address, that she cannot consent to marriage, and she is to inform father of all school and sports event and he is to have access to school information. and she is to report a change of address if she moves. The thing is, the main reason she got to keep her gaurdianship in the first place is because my husband had moved 3 times in a year with his daughter, but his Mother has moved 5 times in the three years ive known her. And she has not reported any of those moves.
 

casa

Senior Member
katinmaine said:
The only court paper I have been able to get my hands on is the original order making His mother Gaurdian, and all it says is her address, that she cannot consent to marriage, and she is to inform father of all school and sports event and he is to have access to school information. and she is to report a change of address if she moves. The thing is, the main reason she got to keep her gaurdianship in the first place is because my husband had moved 3 times in a year with his daughter, but his Mother has moved 5 times in the three years ive known her. And she has not reported any of those moves.
He needs to file contempt with the court when/if she moves or otherwise is not following the court order. Him not doing anything...is not helping. He must gather documentation.

It wouldn't hurt to see how the child is doing in school...if Gma is not giving him the information per court order (if that court order is the most recent/current order), he should include that in his filing for contempt. Meanwhile, he can send a form letter requesting the school records. There is a form letter for that at the site I gave you in the previous post. 'IF' the child is failing in school or has other problems that could help his bid to change custody. Also school records will demonstrate when the child was transfered from the previous schools, further proving the Gma's multiple moves.

Dad has to be motivated to fight to change this~ Just letting things go isn't helping.
 
just an update.. We got some good news the other day. The Probate Judge has found out what was happenening with husband and has set up a review or Guardianship. It is for February 8th. Also she has requested a GAL for daughter and wants to talk to the detective that is working with my husband. This is such Good news we are happy
 
got a couple more questions

We were wondering if we should get a Lawyer before we go to court on the 8th or just wait and see what happens, It is a Review of Guardianship. My Mother in Law has pretty much Hung herself already, but we dont want no surprises, The Detective working on my husband Molestation case went to talk to mu hubbys mother the other day, she has for a year now refused to talk to him, she tries to make herself out as a caring grandmother who just wants whats best for her grandkids, well what the Detective got on his recorder the other day was not a caring grandmother, and she even admitted to knowing about the abuse, and stated she was not mad at my hubby for pressing charges on her brother she was mad because my hubby brought her into it, all that abuse was from the time he was 8 till he was 15, so it is her fault a mothers duty is to protect her child and she didnt do it, she also admitted to the Detective thinking it was going to hurt the case, that after she KNEW about the abuse she would take him to his uncles and drop him off. Now shes saying shes going to make sure my hubby has limited visitation with his daughter and if that happens there is something deserately wrong with the court system. Should we get a lawyer or wait until after the review. Also It states in his guardinship that hes to be in a stable home for 6 months with out moving, we have been in our home for 3 years, but we just recently got a loan to buy a house, we afraid that if we do this though its going to be breaking the stable home for 6 months thing, can they hold this against us, for trying to get a bigger and better home? You know, I love people and I dont judge people and im a caring person, But I hope that FAT COW C*** of a B**** rots in HELL, Im sorry had to get that out hope i didnt offend anyone.
 

ceara19

Senior Member
katinmaine said:
We were wondering if we should get a Lawyer before we go to court on the 8th or just wait and see what happens, It is a Review of Guardianship. My Mother in Law has pretty much Hung herself already, but we dont want no surprises, The Detective working on my husband Molestation case went to talk to mu hubbys mother the other day, she has for a year now refused to talk to him, she tries to make herself out as a caring grandmother who just wants whats best for her grandkids, well what the Detective got on his recorder the other day was not a caring grandmother, and she even admitted to knowing about the abuse, and stated she was not mad at my hubby for pressing charges on her brother she was mad because my hubby brought her into it, all that abuse was from the time he was 8 till he was 15, so it is her fault a mothers duty is to protect her child and she didnt do it, she also admitted to the Detective thinking it was going to hurt the case, that after she KNEW about the abuse she would take him to his uncles and drop him off. Now shes saying shes going to make sure my hubby has limited visitation with his daughter and if that happens there is something deserately wrong with the court system. Should we get a lawyer or wait until after the review. Also It states in his guardinship that hes to be in a stable home for 6 months with out moving, we have been in our home for 3 years, but we just recently got a loan to buy a house, we afraid that if we do this though its going to be breaking the stable home for 6 months thing, can they hold this against us, for trying to get a bigger and better home? You know, I love people and I dont judge people and im a caring person, But I hope that FAT COW C*** of a B**** rots in HELL, Im sorry had to get that out hope i didnt offend anyone.
Anytime you go into court, you should bring an attorney with you,
 
really concerned

My mother in law said to the Detective the other day that it would be over a couple dead bodies before we would get custody, saying that should be a concern for the judge shouldnt it, who knows what she meant, if she meant herself and my hubby, herself and his daughter or myself and my hubbys... isnt that threatning a life
 
Well we filed the Petition To Terminate Gaurdianship, about a month ago, and we finally heard something this weekend but I dont know what to make of it. One is the Guardian's Reply To Petition for Termination of Guardianship the other one is Motion to Dismiss Petition for Termination of Guardianship and Memorandum of Law and then a couple lines down it says Legal Insufficiency I have no clue what this second paper is. It has a Exibit A attached to it, but has nothing really to do with my husband, It has to do with the childs mother and when she filed for termination of Guardianship back in 2002, and it says

1. Mother has no income and is currently unemployed
2. mother is living with exhusband (not my husband, her other ex husband)
3. Mother has only lived in current residence for 2 months
4. Mother has moved numerous times, at least 16 times since birth of daughter
5. Mothers living situation is unstable.
6 Father is not able to care for his child at this time
7. Grandmother is providing stable home for Granddaughter
8. There has not been any substantial change in circumstances to the appointment of Grandmother as guardian

And its all from when the mother filed for termination. So how can they use that on my husband, They have not been together since his daughter was 6 months old. And his daughter lived with him up until 2001 when his mom stole her. And what is Momorandum Of Law and Legal Insufficiency.
 

rmet4nzkx

Senior Member
katinmaine said:
Well we filed the Petition To Terminate Gaurdianship, about a month ago, and we finally heard something this weekend but I dont know what to make of it. One is the Guardian's Reply To Petition for Termination of Guardianship the other one is Motion to Dismiss Petition for Termination of Guardianship and Memorandum of Law and then a couple lines down it says Legal Insufficiency I have no clue what this second paper is. It has a Exibit A attached to it, but has nothing really to do with my husband, It has to do with the childs mother and when she filed for termination of Guardianship back in 2002, and it says

1. Mother has no income and is currently unemployed
2. mother is living with exhusband (not my husband, her other ex husband)
3. Mother has only lived in current residence for 2 months
4. Mother has moved numerous times, at least 16 times since birth of daughter
5. Mothers living situation is unstable.
6 Father is not able to care for his child at this time
7. Grandmother is providing stable home for Granddaughter
8. There has not been any substantial change in circumstances to the appointment of Grandmother as guardian

And its all from when the mother filed for termination. So how can they use that on my husband, They have not been together since his daughter was 6 months old. And his daughter lived with him up until 2001 when his mom stole her. And what is Momorandum Of Law and Legal Insufficiency.
Your MIL did not steal your stepdaughter, she was made legal guardian of the child so either your husband agreed at the time or the court agreed at the time that MIL should be guardian. What happened in court on the 8th during the review of guardianship? What has happened with the GAL?
 
katinmaine What is the name of your state? Maine

His mother had approuched His Ex a month before this and had it all set up, Even had his ex sign gaurdianship paper, but for it to take affect both parents signatures needed to be on that paper, so when husband got home and found out his ex had his daughter, he was petrified for the safty of his daughter, His ex was then seeing a known pediphile, he called the cops they said there was nothing they could do, it was a civil matter that had to be taken to court, Then it so Happenes That His Mother has these papers that could get his daughter back as soon as they were signed, so on the understanding that he would have his daughter back and home safely, he signed them, His mother swearing that shed give him his daughter back, Well the papers were signed and that was the end of that, she wouldnt give her back.
She did steal her, the first time, and thats where everything comes from. The GAL was the one for when this all took place the first time and he is no longer working this case, by the time we found this out it was too late, the grandmother has gone and got a GAL for grandaughter and the GAL wont meet with us and is actually helping Grandmother to file her replys to the Termination of guardianship, so we are in the process of getting us a lawyer, Isnt it agaist the law for the GAL to be doing that?
 

rmet4nzkx

Senior Member
katinmaine said:
katinmaine What is the name of your state? Maine

His mother had approuched His Ex a month before this and had it all set up, Even had his ex sign gaurdianship paper, but for it to take affect both parents signatures needed to be on that paper, so when husband got home and found out his ex had his daughter, he was petrified for the safty of his daughter, His ex was then seeing a known pediphile, he called the cops they said there was nothing they could do, it was a civil matter that had to be taken to court, Then it so Happenes That His Mother has these papers that could get his daughter back as soon as they were signed, so on the understanding that he would have his daughter back and home safely, he signed them, His mother swearing that shed give him his daughter back, Well the papers were signed and that was the end of that, she wouldnt give her back.
She did steal her, the first time, and thats where everything comes from. The GAL was the one for when this all took place the first time and he is no longer working this case, by the time we found this out it was too late, the grandmother has gone and got a GAL for grandaughter and the GAL wont meet with us and is actually helping Grandmother to file her replys to the Termination of guardianship, so we are in the process of getting us a lawyer, Isnt it agaist the law for the GAL to be doing that?
The court appointed GAL represents the child. Grandma has uncontested legal custody of the child, of course the GAL will have contact with the child's guardian.

Your husband signed the guardianship documents of his own free will and could have contested or filed to modify the guardianship before.

What happened in court on 3-8-6?
 
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