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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88315
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Hi. I am a single Mother of a pre teen. I was ill nthe day

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Hi. I am a single Mother of a pre teen. I was ill nthe day of his school orientation, so my sister took him to it. She put herself down as his guardian, so all his report cards went to her, as well as phone calls regarding his grades, which have alwats been on the low side due to a learning disability. She began calling me and having an absolute fit, even after I explained his delay. She said I never told her that before, yet I had. she blamed me, and said I should get him a private tutor, and that he will never be normal being raised without a male figure in the home. I was injuried horribly years ago, and since then she does not even invite me to friends and familly functions, yet I want my son to have fun and let him go. He is old enough now to see that she is not being nice and she intimidates him so much. They live 1000's of miles away for the mostpart, but showed up unannounced yesterday. She said that he had never called her and she did not even know if he was alive, because he is either sleeping or with friends. They TOLD him he had to go to lunch with them He went to the car, and she exploded at me, saying I was not a good parent if he is so depressed. After she yelled at me, she went out to the car and I said he could not go, if thats gow dhe is treating me. Her husband stopped, she yelled GO, then he stopped and she yelled go. It felt like a kidnapping . Yet a couple minutes later she said they were coming back. They said that they would have him back in an hour- lunch only. Then they took him to get his hair cut- which she had done twice before and I was firm about NEVER to do that agaim. So when he returned I was flloored. He is shy- oppressed when the 2 of them gang up and say wjet hje will do- not asking him what he wants , and certainly no permission from me. My son said she was taperecording me that entire time in the house, and said she was ranting about me.She said she was going to call the police on me due to his absences at school and I would loose custody. I am a very good Mom, and have never done anything illegal at all in my life. It feels as if she is trying to build a case against me to take my son away. She said that she will tell them about my medicationss- the high doses and what she feels I am not providing structure and schedule. Anything I take has been prescribed by a specailist and ok'd by my other doctors. What should I do? She is so good at building lies, and comes off as believable, but is not truthful. She insists that she can stop by anytime and get him if she wants, Also she says she has so many photos of him having fun with them, and they would make better parents than I. They are not able to concive their own. He id the most important person in my life. Please tell me what she is attenpting is not legal. What do you think?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You are his legal guardian and you need to go to the school and correct whatever she put on the forms and inform them that they had no legal right to put her down or keep her down as she never produced any court guardianship papers to the school as required and she was there only because you were sick that day with your consent.

Second, you need to go to court and seek to file a restraining order against her and her husband to keep her away from your child based on this last incident which indeed could have been pursued as kidnapping, since you said he could not go. You must take steps to protect your child from these people and the step you need to take is based on the issue where she took him against your will, even though she returned him this time, and the comments she keeps making, you need to get a restraining order/ of protection and have her served with the order. If she violates the order even one time, you must remain firm and call the police and she will be arrested. This is really the only way for you to protect the child and yourself from this bully.

What she is trying is to bully you to do something illegal so she can use that to try to prove you are an unfit parent. Be careful with medications though, because they are high doses even though they are prescribed by the doctor. Your doctor would have to testify you are able to function and properly care for and raise your child on those medications if your sister tries to file a petition for guardianship. Courts rarely do grant third party guardianship since the US Supreme Court held in Troxel v. Granville that the right of a biological parent to raise a child is a fundamental right, but if she can prove you are unfit, the court could do so.

Thus, you need to keep your evidence of your parenting and what you do with your child for guidance and school and to help your child and raise him, to show in case she tries something and prove you are indeed a fit parent regardless of the medications which you need for your severe medical condition.




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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88315
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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