How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3720
Experience:  Experienced in both state and federal court.
45002201
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

My 11 yr olddaughter has been held by my estranged sister for

Resolved Question:

My 11 yr olddaughter has been held by my estranged sister for 28 days without identification, medical access or access to her personal or financial properties.And without parental consent. When i threatend a lawsuit against her and her live in guy\friend she hired an attorney; claiming my daughter 'resides' there at these peoples address.
Submitted: 11 months ago.
Category: Legal
Expert:  Chris T., JD replied 11 months ago.

TexLawyer :

Good morning. I'll be assisting you with your question.

TexLawyer :

Do you have legal custody of your daughter?

Customer:

Yes...and i hope and pray that is not my one question..

TexLawyer :

No, can keep asking questions related to this until your question is answered.

Customer:

she's been detained pysically i have all legal residential history, medical insurance forms and school district access forms..

TexLawyer :

What do you mean she has been detained physically?

TexLawyer :

Your sister physically won't let her leave?

TexLawyer :

If you show up to get her, what will your sister do?

Customer:

She has been detained pysically, i hold all legal id, finances, residential history, medical insurances, and school district access...i am her parent. my estranged sister has said that a children and youth service has been involved but i have recieved no documentation to verify such fact nor do i seek any.

TexLawyer :

I see that you've rated my service as bad. Would you like to continue this chat until I've fully answered your questions? I just have to understand your situation fully before I can give my opinion.

Customer:

Sorry, for the bad comment, i couldn't see your replies...idk it's a private residence, and i haven't taken that risk without police protection, by this the 28 day, my daughter is brainwashed,- confused and panicky and trying to precociously bribe me out of money she won't specify what it is for..

Customer:

Have mercy towards me...on the financials i know i need a local lawyer..family of origin crazy hashad me suffering some ptsd...and i have two other children legally in my charge .so i've had to balance delicately household finances..etc

TexLawyer :

If you don't believe that your daughter is lawfully in your sister's custody, this is a kidnapping, and should be reported to the police. The thing you need to determine is if children and youth services is actually involved and has placed your daughter with your sister.

TexLawyer :

Much of this you can do without a lawyer. I would suggest you call children and youth services and find out if there has been a custody change. If there was, you should have been informed, but, unfortunately, it doesn't always happen. If there hasn't been, you are still have legal custody of your daughter, and if your sister still refuses to give her back, you need to call the police. None of that will cost you any money.

Customer:

it was a kidnapping..as of the 15th of aug. When i threatened my sister with charges or lawsuit she tried to lawyer up..and involved cys after the fact..They have not contacted me, thank Heavan..So i really don't know. They did show up unannounced at my older daughters school on her 13th birthday, (so i know my sis is slimey)Anyway, she my daughter told them she knows they are holding my 11 yr old illegally.

TexLawyer :

How do you know CYS is involved?

Customer:

Even if my 11 yr old minor chose to stay which was not initial intent, she had no parental permission. Quite the opposite, her dad and i would have preferred a local placement as any community member other than county cys ? would be easier to deal with and less costly..idk. ?

TexLawyer :

Your daughter does not have the legal right to decide where to live. That is up to her parents or a judge.

Customer:

How do i know? Information is coming in to slowly for my sane peace of mind. a documented day last week i had a meeting with the principal of 11 yr old minors school. He called the officer whom i took to the residence in question asking for the removal of my daughter for medical testing and/or maternal care...and the officer said my sister/and her lover?.. asked for 'one more night' with my baby "skin crawl"...and he called cys...i've never recieved any paper work from that ajency. Just shortly thereafter my sister legalled uyp with there? attormney asking for custody and or visitation from a magisterial office..The facts on said document incorrect ..what a mess eh?

TexLawyer :

It is a mess, but you can easily clear this up by going directly to CYS and find out if they have given legal custody to your sister. If they have not, you need to call the police.

Customer:

Thank you. I am aware that at 11 she does not have the right yet to choose, i'm not certain how to proceed...There is a hearing scheduled for the 13th, my finances later than that in the month..and i think legal charges are a possibility..hard to do offense and defense on my own, see?

TexLawyer :

If the state is trying to take custody of your daughter and give it to your sister, you have a right to have court appointed, free counsel.

Customer:

It's very important to me to back this family off of myself and my children. Traumatic history.

Customer:

it's all local : /)

TexLawyer :

So, if you have a court hearing scheduled, you must have been given notice of CYS's involvement, correct?

Customer:

i have not been given notice of cys involvement- thank GOD, and the hearing is Court of Common Pleas County

TexLawyer :

What is the hearing for? Who gave you notice?

Customer:

She did it to cover her ass ets alledgedly with this bs man with whom she lives and is unmarried to and to whom her adult daughter is married to his son, and he adult none relative has brought beds ..gag, for my minor daughters , up a back entrance in the duplex the all cklannishly share, did i mention my daughter is multiethnic person of color/ Whatever you find pc? We her immediates do not find this situation P.C. at al

TexLawyer :

OK. Either she has legal custody of your daughter or she doesn't. If she doesn't, it is illegal for her to keep your daughter against your will. It is really that simple.

Customer:

if possession is 9/10 of the law she has pysical. i have legal.

TexLawyer :

No, possession is not 9/10 of the law. If she does not have legal custody, she does not have the right to have your daughter against your will.

Customer:

*physical and she perpetrated the rest

TexLawyer :

Physical custody is not important. What is important is LEGAL custody.

Customer:

Best advice Whom do i call first. Locally?

TexLawyer :

If a judge has not taken legal custody away from you and given it to her, you need to call the police.

Customer:

I have repeatedly.

TexLawyer :

What do they tell you?

Customer:

What do i say to get there attention. Obviosly my words are wrong..coz theyre not accomplishing the objective..i did not ask to have anyone arrested just told them these ppl were holding our daughter against the dad and my will. Asked to have her removed, for medical/maternal attention, asked 911 cebnter for backup, state pd back up, was refused 'said they couldn't, asked officer to shoot me then..he didn't i didn't give him cause, and then i probably have been having a walking nervous breakdown since...

TexLawyer :

You need to tell them that your daughter has been kidnapped and is being held by someone else without your consent.

Customer:

i see lawsuit, criminal charges, and pain and suffering, corruption of minors,...too much for my plate alone. When i mistakenly, informed my estranged sis she said stop contacting her or shes filing harrassment, so i did. Then she filed first legal assualt.

TexLawyer :

If you file criminal charges, you don't have to do anything other than make the initial call.

Customer:

She's acting rich and white and i'm shaky and have been distraught and and damn near sleepless much of the month..i need legal representation.

Customer:

file at state pd, city police, or magisterial?

TexLawyer :

Call the police in your city. If it falls under another jurisdiction, they will tell you.

Customer:

first 5 days i thought federal..see

TexLawyer :

No. That is not correct. Call your local police department.

Customer:

Again.

TexLawyer :

Yes. If you don't think they are taking you seriously, have someone else call for you. It is possible they are not understanding your situation correctly. Maybe have some who can explain it better call.

TexLawyer :

It can be difficult to explain things when you are under so much stress.

Customer:

i have a female saergent of record, and a basically school uniform cop, and the badge number of the state police center desk report,

TexLawyer :

Again, just call your local police department. If that doesn't work, call the Pennsylvania Attorney General.

Customer:

You got the stress part correct. Plus maintaining home, two other children, and fight or flight,

TexLawyer :

I understand. It happens all the time. Just have someone who may be thinking a little more clearly and may be able to explain it better give them a call.

Customer:

Thank you. i thought of that as well.the attorney gen. How much do $ i owe you?

TexLawyer :

All you need to do is "rate" my answer and you will be finished. You won't have to pay anything other than that.

TexLawyer :

You can complete the rating process using the set of faces below.

TexLawyer :

Do you have any other questions?

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3720
Experience: Experienced in both state and federal court.
Chris T., JD and other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.