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RayAnswers, Lawyer
Category: Family Law
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Experience:  29 years as a family law lawyer .
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I have had guardianship of my former girlfriends daughter,

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I have had guardianship of my former girlfriends daughter, she is active military, for the last three and a half years. I recently petioned the court for temp. And permanent guardianship. Reason being the child does NOT what to live with her because during our relationship she was physically abusive (which her child as well as my own witnessed and several neighbors and friends) to me and alienated herself from the child. When our relationship ended (and she was sent to sea and then to Hawaii where she still is) she stated that she wanted the child to stay with me because she was an "unfit" parent and didnt want her. After begging for reconsiliation and I maintained that I didnt want that she wants to take the child back to "hurt me" she says. I petioned the court for guardianship only for her to fabricate stories about me stealing her credit cards and misusing the general power of attorney she granted me because "if your not going to be with me I'm gonna make sure your life is hell on earth". The GAL appointed to the case spoke with her before speaking with me or the child (even after I left him 9 messages trying to set up a meeting). As as a result he has a biased opinion of me which she confirmed in a text message. Even after showing him emails where she makes threats to hurt me, herself and the child and photos of myself after she assulted me, he wouldnt even show them to the judge. She alleges that I fraudulty deeded myself the home that we live in. When I have several e-mails where she tells me to put the deed in my name. For one because she is estranged from her family and because with her being gay and in the military she wanted to make sure that I was taken care. She is also saying that she is going to press charges because I fraudlty used credit cards that she left with me (and that we both paid on) to use again I have documentation to verify. As a result I lost my case for temp. guardianship because the GAL stated that with these alegations the child is not safe with me. We have a court date set for September for permanent guardianship but she wants to take the child. She is 10 years old and has expressed her desire to stay with me because she has no relationship with her mother or father and that she fears her mother. Her mother called the police and sent her new special power of attorney to our home and wanted to have the child taken, but the police said the way that the court documents read the child is to stay with me until the next court date. Is this correct? Also can I request a new GAL?
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question. you need a change of direction here. If you want to get guardianship you need to obtain a lawyer in this matter.The lawyer can seek a new GAL and also keep the case continued. Since you have possession here you are better off is this drags on awhile.

If you are going to prevail over the parents you need a lawyer to do so. It might show that you are seriosu in this matter to the court. The lawyer can make you look like a better option over time.

He might be able to bring in witnesses and evidence to bolster your case and to show the mother as unfit here. I think you have the facts here but you need a awlyer to dealy and present a better case.

Also he may be able to either get a new GAL or win him over here. He woudl also present the child as a witness and even get affidavit from her indicating she wants to remain with you..

 

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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 30328
Experience: 29 years as a family law lawyer .
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