Family Law Questions? Ask a Family Lawyer Online.
all I have are POA papers that mom and dad signed and we had them notorized
Thank you for your follow-up.Not a problem, and I happen to somewhat disagree with your attorney's opinion. While it is true that you generally have to have a signature to do anything, since you have been the de facto caretaker for a year, you personally can go to court, even tomorrow, and file an emergency petition for emergency sole guardianship, based on your current bond with the child, and the complete unfitness of your daughter. If the judge grants such an order, you would no longer have to give the child over to the mother, and would instead have to later on go to court so as to establish permanent guardianship. But if you do not obtain custodial rights, then I am afraid that her rights as a mother would trump you rights, and you would have to provide her with the child, even over your own objections.Good luck.
do I go to the juvenile court in my county and file this and is there some place I can download a copy of emergency petition?
Thank you for your follow-up.That is correct, you go to the family court in your county. The county clerk should have a copy of this petition for you to fill out and file. If they do not have a copy, such courts have a law library attached to the courthouse, and a template could be obtained there from the law librarian. Each court system has their own version of this form so it generally does not exist online, but you should be able to get it from the clerk--you can do a search online for their county website, as they may have it there for download also.Good luck.
THANK YOU so very much This has been so helpful. To the courthouse I go first thing in the morning and again THANK YOU
You are most welcome, truly! I wish you the best of luck, and just remember to stress that you have a bond with the child, you raised the child yourself, and the other parent has been completely absent from her life.Good luck and kindly do not forget to rate my answer to you as otherwise I cannot obtain credit for my work. Thank you!
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