Who has/should get custody?

[DanRichCar2]

This is the story as it stands now. My ex and I were never married and had no court order designating the kind of custody for our 9 year old daughter. I am her father (it's on the birth certificate). Her mom passed away very recently and I want my girl and she wants to be with me. My daughter's half sister's aunt, who has always been close to her and lives just a couple of houses away from where my girl does/did, has taken her saying that she was taking care of my girl in the periods that her mom couldn't. this just isn't so. My ex's whole family was including this other nonrelative-aunt.
Both households are very stable and caring, but she doesn't want to be there. These other people have told the DA ( who also happens to be their lawyer ) that they have temp custody due to the care given during her mom's illness, which no one in either family will agree with, so the police won't help me get her back without a court order. What do I have to do to get her back as soon as possible? What are these peoples chances of taking her for good? We live in Iowa. Please help!

 

[yim-yim]

Immediatly get a lawyer. Petition the court to sue for full custody and at the same time petition the court for a temporary custody order. That way, she will be immediatly placed with you until the entire thing is sorted out.

In most cases, unless the Aunt can prove you unfit, custody will be awarded to a biological parent over anyone else.

GOOD LUCK!!!!

 

[DanRichCar2]

She won't be able to prove me unfit although she has a list of things she feels I did wrong like picking her up late ( there was never any time set on paper...just her mom saying to pick her up at such and such time, likewise for dropping her off at home.) little things. The "aunt" isn't even related to her.
There is no paperwork for them to even have temp custody legally as I was never served papers to be proved unfit or even notified that they would have her. Isn't this illegal? If it is, and it should be, isn't it essentially kidnapping since they won't give her back and isn't it " conflict of interest" on her lawyers part (the County Attorney) for telling the police that it's a civil matter, keeping them out of it? This just all seems wrong that they can take her without legal paperwork which they don't have.
Her mom stated in her will ( when she wasn't actually in her right mind due to advanced brain cancer ) that temp custody should be given to them and the will hasn't even been read.
It seems to me that I should be able to sue them, the CA ( for conflict of interest)and the sheriffs office (for refusing to help) and be able to press charges against both them ( for kidnapping) and the CA ( for aiding in a felony ).
Sorry this isn't really "to the point" but it's all pretty complex. It gets worse considering I Own the house they used to live in and all the complexities that go along with that.

 

[Grandma B]

Get an attorney. That is YOUR child and if her mother is deceased, YOU are the one who should have custody. It would take some extreme circumstances for any court to rule otherwise.

Their comments about your being late, etc., should have NO bearing on the decision. It also doesn't matter that the mother wanted someone else to have custody. You are the other parent, and the child legally belongs with you.

You need to act now.

 

[DanRichCar2]

I'm acting as fast as possible. There haven't been any lawyers in the offices due to the holidays since the day they took her ( the day of the funeral ). I plan on going down to the town she's in and talking to one the minute they open their doors. I've left messages in several places ( 2 other lawyers, Department of Human Services, talked to one on the phone, etc. ) to make sure it's known and there's proof I'm not sitting on my hands.
Thank you all for responding as fast as you have. Needless to say, I kinda need the reassurance.

 

[yim-yim]

Dan,
Perhaps do some research into your own state laws where the custody is filed. All states have a list of implied guidelines that go with any custody order. One of those guidelines could very well be that in the event of incarceration or death, custody automatically reverts to the NCP. I.e. YOU! There is no way this woman is going to be able to keep the child permantly. If the police in the area are really as little help as you claim, go to them anyway so you DO have grounds to sue them (and I sure would!). Then call CPS and try there. They may be of more assistance. It certainly can't HURT at this point!
God Bless and keep us all posted!

 

[DanRichCar2]

I GOT HER!

Ok, I talked to a lawyer, he said we would sue everyone that has an interest in custody, we would sue the County Attorney and the police. In sueing the CA and police, we would force the other family to get a different lawyer (which would make them think twice because it would cost them more). Those are the basics.
I talked to her the night I talked to my lawyer and the "lady" said I could go get her when I wanted so the next day, I had my lawyer call and make sure ( as a witness ) and now my sweetheart is where she belongs!

Thank you everyone!!!!

 

[A.J.HASEK]

GREAT JOB DAN