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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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Hi, I just spoke to a local lawyer, wow Im even more confused

Resolved Question:

Hi, I just spoke to a local lawyer, wow I'm even more confused and scared!!! I know I dropped the ball and let my mom take Addie in, basically handed gaurdianship over to her in a way. She said I should get a U-Haul and pull up in front of my moms house and take Addie back to live with me, say "thanks for the help, mom, I got it from here" and then keep Addie and don't ask my mom for any help. Tell Addie she can see her in a few weeks but I'm your gaurdian and I think it best you stay with me.
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER :

Hi,

LADYLAWYER :

I didn't know you were still letting Addie stay with your mom?

Customer: Hello
LADYLAWYER :

I wouldn't let her stay over there either. I agree with the other attorney.

Customer: I wanted to have Addie for the week, my mom sent me an email showing how busy she is and there is not even time for me to see her at all even tho she lives a block away
LADYLAWYER :

If your mom moves forward with guardianship and can show that she basically has had guardianship up to the point of the petition, then the court is going to consider that fact for sure.

LADYLAWYER :

Right now, YOU do have the guardianship. So you can go over there with your court order and take Addie from her.

Customer: So if I take her now, will that even matter, will they just see me as the villain
LADYLAWYER :

I am assuming the Uhaul is because all of Addie's things are over there too?

Customer: Yes, but she said I could just keep her the next time she comes over and let my mom decide if she wants to bring her stuff
LADYLAWYER :

Maybe, but if your mom petitions or Cara petitions and your mom has had constructive custody of Addie and still does, then that may way against you more.

Customer: The GAL didn't want me to take her for the week, said how about I just see her after school, and my mom said no, that is too disruptive! I have it in an email
LADYLAWYER :

Your mom has her age against her, but if she has really been Addie's only guardian for some time now, the judge will consider that.

Customer: Now I'm thinking if cara can just work on getting a better job, maybe she can win the petition
LADYLAWYER :

The GAL does not sound like she is on your side or Cara's side.

LADYLAWYER :

It sounds like she is working on conjunction with your mom's attorney and trying to get Cara to petition for custody so your mom can jump in and get it.

LADYLAWYER :

She's giving you and Cara just enough rope to hang yourselves, it sounds like.

Customer: Right thats what I thought
Customer: I just don't know about taking Addie, I wish I had done it a few years ago
Customer: I don't want to upset her
Customer: I can handle it, I have a good babysitter she knows
Customer: It's scary cuz my mom is a bitch! That's how we got to this point, she is very intimidating, and it's her way or no way
LADYLAWYER :

I understand, for sure. It's almost better if you take her for a night and then just never give her back.

LADYLAWYER :

But you do need to get her back with you.

Customer: If I take her 24/7 there will be an all out war
LADYLAWYER :

And here's the thing...

LADYLAWYER :

If you take her back, you are allowed to give temporary guardianship back to Cara without the court's permisson. So you can send Addie out to LA or leave her there with Cara after you go visit.

LADYLAWYER :

Cara doesn't even need to file a petition for that!

Customer: Right, but I'm sure my mom will petition immediately, but would they have an immediate court date when there is no physical harm being done?
LADYLAWYER :

So unless your mom files for guardianship and gets it, you can just give temporary custody to Cara via a notarized document and Addie is free to go out to LA with her.

LADYLAWYER :

They could, based on the fact that she is going out of state.

Customer: Will her filing for gaurdianship impose a restriction on her traveling?
LADYLAWYER :

But this is why I think it is more beneficial for Addie to be back with you and stay with you.

Customer: Ok, I will take Addie back, I'm seeing her Sunday for a scheduled visit
LADYLAWYER :

Yes, the attorney will probably ask that she be barred from traveling. If your mom still has Addie, this is why she isn't peitioning for now.

LADYLAWYER :

But someone is going to have to make a move here if Cara ever wants Addie back.

LADYLAWYER :

She either needs a better job where she can prove her income and then she can file the Petition, or she is going to have to leave her with your mom, or the two of you are going to have to take Addie back and then fight.

Customer: Ok I see, I have to take her back and then fight. I have cara working on getting a different job right now, she can do this other job part time.
Customer: Ok now I just need to grow a pair of testicles, I wish you were based in Chicago!!
LADYLAWYER :

Is she living with anyone out in LA? That's another thing the judge will have to consider: whether the environment is safe. Plus, LA is a long ways away. The court generally doesn't like to see a child leave the state if they have jurisdiction. What's more, even if your mom doesn't get custody, I am sure she will petition for visitation rights. So she's going to really stick it to you all the way around.

LADYLAWYER :

Me too! :)

Customer: She has Addie's brother and she is living with a man, he has no felonies, not a gangbanger, has a job
Customer: They have been together about 5 years
Customer: She can have visitation
LADYLAWYER :

Okay, good.

LADYLAWYER :

Yes, it's possible.

Customer: Her apartment is lovely, she does not do drugs (well she has a medical marijuana card, she sometimes eats the oat bars but not a pothead)
LADYLAWYER :

But that won't necessarily prevent Addie going out to LA, it may just mean the court will allow Addie to see your mom once a year or more if your mom travels out to LA. I am not thinking that is realistic for her to do, but this is just one more way she can fight/delay the move.

LADYLAWYER :

What does she have a MM card for?

LADYLAWYER :

Does your mom know about that?

Customer: I'm not sure, my mom would accuse her of being a crackhead. She takes it for anxiety but I don't know what her official card says
LADYLAWYER :

I wouldn't bring that up.

Customer: She has never been a drinker, never crack, ....oh no I wouldn't bring it up, but I'm sure she will.
Customer: So maybe Sunday I just keep her then.
LADYLAWYER :

Well hopefully she doesn't know about the MM card, but if she does bring it up, only then should Cara talk about it.

Customer: Ok
LADYLAWYER :

Yes, you just need to keep her and let whatever happens, happen.

Customer: Ok thank u so much again, I would call you a "godsend" but I am an atheist!
LADYLAWYER :

Well, I'm not, so I'll take it! LOL

Customer: Lol cool, il be back in touch!
LADYLAWYER :

Sounds good. TTYS!

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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