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Help! My Father has my kids and wont give them back!

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mkmartinez

Junior Member
undefinedWhat is the name of your state?California.

My father has temporary guardianship of my two boys in Santa Maria, Califronia. I am their mother and live in Vancouver Washington. I asked my father for my kids back he wont let me have them,so now I have to fight him for them. I do have a public deffender in Santa Maria but he will not return my phone calls I need some help.My boys want their mommy, they need to come home.
 


Zephyr

Senior Member
you need to give more info than that

a public defender usually doe snot handle custody issues

did the court order the gaurdianship of the kids?
when did they start living with him?
was this at your request?
where is kid's dad?
why are you in wash and they in ca?
 

mkmartinez

Junior Member
did the court order the gaurdianship of the kids? Yes , because my father tricked me into signing the papers before I moved to washington, I was told those papers I was signing were medical release forms to give my father permission to take them to the hospital sense I wont be present if anything happened to them.

when did they start living with him? June 27th 2002.
was this at your request? no the guardianship wasn't. They were to just stay with him for only 2 months, so I can get setteled in washington, you know get a job, a place to live. So I did all that, and he slapped a court case on me for full guardianship, and said i was to never have my kids again.

where is kid's dad? He lives in texas and is not part of their life.

why are you in wash and they in ca? I moved to washington cause i was in a very abusive relationship in cali had no were to go, my mother lives in washington took me in and helped me get back on my feet to start a new life.
 

LdiJ

Senior Member
mkmartinez said:
did the court order the gaurdianship of the kids? Yes , because my father tricked me into signing the papers before I moved to washington, I was told those papers I was signing were medical release forms to give my father permission to take them to the hospital sense I wont be present if anything happened to them.

when did they start living with him? June 27th 2002.
was this at your request? no the guardianship wasn't. They were to just stay with him for only 2 months, so I can get setteled in washington, you know get a job, a place to live. So I did all that, and he slapped a court case on me for full guardianship, and said i was to never have my kids again.

where is kid's dad? He lives in texas and is not part of their life.

why are you in wash and they in ca? I moved to washington cause i was in a very abusive relationship in cali had no were to go, my mother lives in washington took me in and helped me get back on my feet to start a new life.
Hon, I am saying this not to bash you, so please don't take it that way. I am saying this for the benefit of anyone else who may be reading these posts.

NEVER NEVER NEVER leave your kids with someone else. If you absolutely must, do not sign any documents that you haven't hired your own lawyer to prepare.
 

Zephyr

Senior Member
why have you waited three years to address this issue?



were the papers he had you sign then signed by a judge? him having you just sign any old paper does not automatically trnasfer custody.


So I did all that, and he slapped a court case on me for full guardianship, and said i was to never have my kids again.

did you show up for that court case?
 

LdiJ

Senior Member
WANNACRY said:
why have you waited three years to address this issue?



were the papers he had you sign then signed by a judge? him having you just sign any old paper does not automatically trnasfer custody.


So I did all that, and he slapped a court case on me for full guardianship, and said i was to never have my kids again.

did you show up for that court case?
He probably got an ex parte order based on the paperwork he conned her into signing. I have seen it happen a million times....sigh.
 

mkmartinez

Junior Member
I had a public defender because the santa maria court pointed me one cause my father had got a lawyer and took me to court. but my case won cause the terms were I had to go to school, get a job, and get my own place. Well I went to school graduated from a medical assistant program, got a job, but I was still living with my mother and my stepfather. The judge saw that I was holding up to what was all required of me to do to get the kids to come back home. So I got them back, during xmas for 3 months it was really hard i had no car, and no job and the boys needed more so they went back to my father, my father and i had an verbal agreement that he would take the boys back but i had to get a car, my own place, and get a real job. So now I did and i have everything for them, now my dad says i cant have them. My stepmother his wife is telling my kids that they are not allowed to see their mother ever again, but its in our court papers that I am supposed to have them back, but I dont know how to start on working on how to get them back my public deffender is a lost cause. :confused:
 

LdiJ

Senior Member
mkmartinez said:
I had a public defender because the santa maria court pointed me one cause my father had got a lawyer and took me to court. but my case won cause the terms were I had to go to school, get a job, and get my own place. Well I went to school graduated from a medical assistant program, got a job, but I was still living with my mother and my stepfather. The judge saw that I was holding up to what was all required of me to do to get the kids to come back home. So I got them back, during xmas for 3 months it was really hard i had no car, and no job and the boys needed more so they went back to my father, my father and i had an verbal agreement that he would take the boys back but i had to get a car, my own place, and get a real job. So now I did and i have everything for them, now my dad says i cant have them. My stepmother his wife is telling my kids that they are not allowed to see their mother ever again, but its in our court papers that I am supposed to have them back, but I dont know how to start on working on how to get them back my public deffender is a lost cause. :confused:
WHAT EXACTLY does your paperwork say? Word for word?
 

LdiJ

Senior Member
mkmartinez said:
oh my gosh your write i was just looking over the paper work and it says ex-parte
Ok, you stated in a previous post that the judge had returned your kids to you. I want to know what THAT paperwork actually says, and if you recieved any paperwork (signed by the judge) AFTER that paperwork, I want to know what it says.
 

mkmartinez

Junior Member
OK, Well I have never recieved any more paper work from the judge nor from my public defender. Thats why I have been contacting my public defender so I can find out what is going on, but he wont return my phone calls so i am so lost and i need some help and direction to do this on my own to bring my babies home, they are very freightend that they will never see mommie again.
 

rmet4nzkx

Senior Member
Your use of the English language is very questionable for someone with any sort of education. You say you have met all the requiements to regain custody, yet you just got fired from Walmart for attendance problems after working there for a while and you were pregnant. If you have a public defender in CA that is for a criminal action of some sort, did you abandon, neglect or abuse your children? If your mother was going to take you in to help you get on your feet, there is no reason she couldn't take your children as well. What are you not telling us? If you have not complied with your reunification plan, it is possible that your rights have been terminated.

mkmartinez said:
What is the name of your state? Washington.

Ok, I was working for walmart for about year n half. In dec 2004, I got pregnate I ended up lossing the baby. It required me to have surgery. So I had to take medical leave of absents. When I returned, my district manager took my position away from me because of my absents. and guess what days she counted against me. yes the days i was in the hospital lossing me baby.. Is this considered discrimination? :confused:
 

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