Need help on how get child back

[Carrie-Anne]

I have started the court process now my last problem with this all is I gave my ex husbands mother, POA over my daughter her father and I both did, he was in iraq and I thought that should anything happen when his mother took my daughter out of state to visit her family on her dads side it would be good for her to have it show if she needed doctors care or anything. Now I have found out by my giving her this POA, I gave her some right to care for my child if was not there, which was what it was for but it was not meant for her to take over as the mother as she has. I have to get the paper and rip it I was told but it was her lawyer that had wrote it up. So how do I get it? Can I contact the lawyer or will they not talk to me, or will her husband beable to help with this part since it was his GM lawyer that wrote it up?

 

[blueskies]

I have started the court process now my last problem with this all is I gave my ex husbands mother, POA over my daughter her father and I both did, he was in iraq and I thought that should anything happen when his mother took my daughter out of state to visit her family on her dads side it would be good for her to have it show if she needed doctors care or anything. Now I have found out by my giving her this POA, I gave her some right to care for my child if was not there, which was what it was for but it was not meant for her to take over as the mother as she has. I have to get the paper and rip it I was told but it was her lawyer that had wrote it up. So how do I get it? Can I contact the lawyer or will they not talk to me, or will her husband beable to help with this part since it was his GM lawyer that wrote it up?

You can revoke a power of attorney at any time. It is not indefinite, and it only requires you revoking it. I don't know what you can do about the power of attorney that the father has given her...but my ex gave his girlfriend a power of attorney, and I did some serious checking to see what she could do on his behalf that involved my children. I learned she could access their school records and such, but that the power of attorney did NOT give her the ability to pick the children up from school or take over their care, which was a relief to me.

 

[VeronicaGia]

Since she went with her dad back when he got married, I didn't see the problem my daughter had begged me to not let them take and said that they were mean to her, but then it was to late the papers where signed. Before my ex took her to SC were he lives my sister had to sneak my child to me cause her dad said I could see her before they left. Then his wife left and then he went to Iraq for his second tour, my daughter was brought back to wisconsin and lived with his mother cause I could not do anything while he was in Iraq. Now I am having the papers done up so I can go back to court.

So the child moved from WI to SC back to WI and now to TX. This all happened (or started) in 2003. The time to go to a judge for this was in 2003, when he first took her out of state. It's pretty much too late now to contest a move that happened three years ago.

My daughter had told me my ex took a gun to wife in front of her, my exs wife did crack in front of my child, my daughter told me her dad had trashed her room cause he said it was not good enough and made her clean it now at this time she was almost 7,

All hearsay. You have no proof and no judge is going to let a 7 year old testify.

and when my ex and split he was told by the judge not keep our daughter form me any more cause he had done it before and if he did that he would go to prison for 5 years,

Did the judge put this in the court order? Do you have proof the judge said this?

now at this point I don't care what happens to him or his mother I just want my child back with me were I know she is safe and I know she is getting to a doctors when needed. That is another problem when my daughter was 6 we found out she had a lazy eye, and she needs glasses to fix it, also she had to go back to the eye doctor 3 months after she got her glasses now she is 8 and she has not been back to a doctor and they don't have her were her glasses. I can keep going about all that is wrong with what they are doing but I am not going to my main thing is find a way to make sure she comes back to live with me. cause my ex has said that no judge is going to give back to me cause he makes more money, that may be so but a child also needs love and a stable home to live in which I know I gave her. Any more thoughts on how to go about htis please let me know.

I think the biggest problem is that you have not had custody in three years. It has nothing to do with money. Where have you been and why didn't you start this legal fight in 2003? You've let this go on for a long time now. However, if you have court ordered visitation and you're being denied it, you can file a contempt action against him...enough of those and you will get custody. You have one heck of an uphill battle ahead of you. Also, when you get in front of a judge, stick to the legal issues. Don't bother with hearsay.

 

[CJane]

I'm confused about the timeline.

Youre ex received placement in 2003. 2 months after he received placement, she was in the custody of the step-mother. Then at some point taken to TX to stay with the MIL. When was that?

If you're so concerned about your child's welfare NOW, why weren't you equally concerned when she was living with the same person in your home state?

The child is 8 now... when was the last time you were with her?

 

[Carrie-Anne]

I am sorry I goofed the years I had my daughter in 2003 she went to live with her dad in 2004 and In 2004 when my daughter went to SC with dad that was ok with me, at that time I really didn't see the problem. Why didn't I go to court right away, when my daughter was brought back to Wisconsin by my exs wife, he went off to Iraq again, which when he is at war no court or legal things can happen. So now he is back in the states and I have been trying to get him to sign papers for our daughter to live with me, he won't he says he wants her with his mom, which I don't agree I am fully capable of caring for our child. My daughter has just turned 8 the first b-day I have ever missed, now I am going to court and I will get my child back and yes I have proof the judge said that my ex would go to jail for 5 years if he kept our daughter away from me it is in the court transcripts which I can get. As for what my daughter told me well It is not hear say if someone else comes in and testifies is it? Cause not only will exs wife go to court, but my exs mother her husband will too, not only that but many people where around when my daughter told me these things.

 

[Carrie-Anne]

I'm confused about the timeline.

Youre ex received placement in 2003. 2 months after he received placement, she was in the custody of the step-mother. Then at some point taken to TX to stay with the MIL. When was that?

If you're so concerned about your child's welfare NOW, why weren't you equally concerned when she was living with the same person in your home state?

The child is 8 now... when was the last time you were with her?

Look I could not do anything while my ex was in Iraq, and while my child was here in Wisconsin I saw her everyday, I was able to visit and do things with her, now that she has been taken to Texas, I can't see her, I am not able to talk to her on the phone and none of my emails get a reply from her father or his mother. Do you understand what the concern is now? I am not about to just lay down and let them push me out of my childs life, also I really feel she is best living with me which has already been shown by the way things are going since her dad had taken custody of her, that and since she has been living with her grandmother. The other thing is my ex has another child with some one and she has told me my exs mother is going to try to get that child too. Which will never happen the only thing I did wrong was trust my ex and his mother.

 

[ceara19]

I am sorry I goofed the years I had my daughter in 2003 she went to live with her dad in 2004 and In 2004 when my daughter went to SC with dad that was ok with me, at that time I really didn't see the problem. Why didn't I go to court right away, when my daughter was brought back to Wisconsin by my exs wife, he went off to Iraq again, which when he is at war no court or legal things can happen. So now he is back in the states and I have been trying to get him to sign papers for our daughter to live with me, he won't he says he wants her with his mom, which I don't agree I am fully capable of caring for our child. My daughter has just turned 8 the first b-day I have ever missed, now I am going to court and I will get my child back and yes I have proof the judge said that my ex would go to jail for 5 years if he kept our daughter away from me it is in the court transcripts which I can get. As for what my daughter told me well It is not hear say if someone else comes in and testifies is it? Cause not only will exs wife go to court, but my exs mother her husband will too, not only that but many people where around when my daughter told me these things.

This makes NO sense at all. First you say your ex and his mom are trying to keep you from your child, but then you made the statement above. If your ex's mom is trying to take you child away from you, why would go to court and testify AGAINST her son?

 

[nicetryadmin]

Huntergirl
Go to your thread and answer the questions asked of you. Amazing how you have nothing but questions yet you feel qualified to give advice.

Ohiogal, this is a troll of this forum. Her name is Kelly. Her history...well...maybe someone would be able to give a brief synopsis of this troll's "history."

She might have even been on Springer and/or Maury.

 

[Ohiogal]

Ohiogal, this is a troll of this forum. Her name is Kelly. Her history...well...maybe someone would be able to give a brief synopsis of this troll's "history."

She might have even been on Springer and/or Maury.

Yeah hon i know. I was trying to be nice and point out that Hunter is giving advice and yet wants advice on the same topics.

 

[CJane]

Look I could not do anything while my ex was in Iraq, and while my child was here in Wisconsin I saw her everyday, I was able to visit and do things with her, now that she has been taken to Texas, I can't see her, I am not able to talk to her on the phone and none of my emails get a reply from her father or his mother. Do you understand what the concern is now? I am not about to just lay down and let them push me out of my childs life, also I really feel she is best living with me which has already been shown by the way things are going since her dad had taken custody of her, that and since she has been living with her grandmother. The other thing is my ex has another child with some one and she has told me my exs mother is going to try to get that child too. Which will never happen the only thing I did wrong was trust my ex and his mother.

How long has the child been in TX?

I in no way suggested that you should let people keep you away from your child. However, you ARE going to have to explain to a judge why custody should revert to you when you voluntarily signed it over to your ex, and did not fight his move out of state, and did not file to get custody back when the step-mother left him and took your child with her. I know, he was in Iraq. Doesn't keep you from filing, only from actually pursuing a case against him. Filing MIGHT have kept your child in WI at least.

 

[Carrie-Anne]

How long has the child been in TX?

I in no way suggested that you should let people keep you away from your child. However, you ARE going to have to explain to a judge why custody should revert to you when you voluntarily signed it over to your ex, and did not fight his move out of state, and did not file to get custody back when the step-mother left him and took your child with her. I know, he was in Iraq. Doesn't keep you from filing, only from actually pursuing a case against him. Filing MIGHT have kept your child in WI at least.

Maybe none of you heard have heard of the fact that while a soldier is at war no court proceedings can happen? My child has been in Texas for 3 months, and why didn't I fight it? Well simple I was told till the day before they left there was time. It takes time for the papers to drawn up then I have to get them to the court, and I have to have addresses so they can be served. I just got the addresses now I can go forward with this.

I did not come here to be judge by you all, I simply can here for some advise, and it is rude of you all to be judging me or anybody else on here the way you have, what I am going through don't make since to you cause you have not been where I am. I trusted my ex, we had agreed from the start that we would share custody and that we both would have placement every so often. We never agreed on his mother taking my place, as far as for court I said his mothers husband will go to court with me sorry if I worded it wrong.

Now I am trying to be rude by saying the things I said, but it is just upseting that I come here for some help and I get people who want to judge and crap.
Those of you who have not thank you very much.

 

[CJane]

Maybe none of you heard have heard of the fact that while a soldier is at war no court proceedings can happen?

TI suggest you google the SSCRA and read up on it, or speak to an attorney. Because that's not entirely accurate. And even if it was... filing is not 'proceedings' and an ex parte order COULD have been issued if you had presented evidence stating that the child was no longer in the care of her father.

I come here for some help and I get people who want to judge and crap.
Those of you who have not thank you very much.

Wait til you get in front of a judge if you think we're bad.

 

[NotSoNew]

what is up with all you people lately and your "i didnt come here to be judged" i dont even think anyone JUDGED you they were trying to HELP!

sometimes the truth hurts!

 

[Carrie-Anne]

TI suggest you google the SSCRA and read up on it, or speak to an attorney. Because that's not entirely accurate. And even if it was... filing is not 'proceedings' and an ex parte order COULD have been issued if you had presented evidence stating that the child was no longer in the care of her father.




Wait til you get in front of a judge if you think we're bad.

I am not worried about the judge nothing has ever been bad in court for me, as far the thing with not able start any hting in court with my ex while he was in Iraq alls I know is what I have been told by his mother, the court house and him. So if something is out there that says I can then show it to me cause I really would like to see it.

As far as the truth hurts, none of you know me so how do you know what is the truth? You are reading this only taking in what you want, now I not a bad mother and I have been doing all that I can to get her back but that has been taking a long time, now that my child has been taken texas though things will be different in court cause now I have reason other then just I want her back, now her dad and his mother has taken her some where I can't see her on my days, I can't talk to her and I have been pushed out of her life. If no one here can understand how hard it is when you have to wait for something like this to happen for you get your child back I am sorry cause that is what happened here, since yes I did sign for my ex to custody we have done it before with no problems, was I think there would be one this time?

 

[Carrie-Anne]

Well thank you all for your help, we are going to be in court next month. Then in May after my daughter is out of school I will be able to go get her.