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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117460
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter has possession of my daughter because of some statement

Customer Question

My daughter has possession of my daughter because of some statement that I did not agree to. My attorney asked that the language "Cassandra may have temporary possession of Isabella" be vacated and held for naught. But i don't think the judge ruled on this; what you are saying is that I am guardian now that the father is dead. Is that right? What do I do about getting my daughter out of the other daughter's possession?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
You need to go to the court that issued the order to get a motion to clarify that order or to issue a ruling on the custody/guardianship order if they have not yet done so. Based on your statement above, it states Cassandra has the right to temporary possession of the child, so this generally means that possession would last until a hearing. If that language was not removed from the order by the judge, then she retains the right to the temporary possession.

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Customer: replied 6 years ago.
my divorce attorney was suppose to enter the petition for temporary relief regarding the statement and I don't know what happened.

Also my divorce attorney is done with me. oh god how can I find out what happened with the petition?

I asked him for my retainer back some of it.
A hearing her siblings will testify against me.

I am sure since they hate me
What can be done to show I am fit?

Expert:  Law Educator, Esq. replied 6 years ago.
The only thing you can do to find out what happened to the petition is go to the clerk of the court and look at your case file because if he filed it then it would be in that file. If he did not file it, then you will have to file one on your own or get a new attorney to do so for you.

As far as showing you are fit, you will need professional evaluations of your mental and physical status and you need to start by seeking a family therapist for a full evaluation so that you can present expert evidence of your fitness as a parent.
Customer: replied 6 years ago.
But my daughter has filed a petition now and I have to be in Court in two days.

What can I do in two days?
Customer: replied 6 years ago.
But my daughter has filed a petition now and I have to be in Court in two days.

What can I do in two days?

I am on disability and my daughter wants to show that I am not capable of taking care of my daughter. because of my disability, this is all coming from the dead father. oh god. what can be done. and not capable of taking care of my estate??? my oldest daughter filed a petition about that oh god
Expert:  Law Educator, Esq. replied 6 years ago.
In two days, you are going to need a lawyer because there is no way you will be able to find your way through the forms and the legal procedure sufficient to defend yourself in that action. YOU need to get your primary care doctor to court to testify that your disability has nothing to do with your ability to care for your estate or your child.
Law Educator, Esq. and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
I got it but the motion was submitted but never a final determination. And now the case goes to probate under different jurisdiction. Why do I have to follow the ruling from divorce court when there is no divorce now.

I mean the father died before we would finish. how can I modify the statement if it is a different judge. We were told my husband was in decent health so we did not press the issue.

How can I get the custody moved to old court; also there are rulings after this one that should override that statement.

Also how can i be bond to something I never saw before it was submitted?
Expert:  Law Educator, Esq. replied 6 years ago.
Until there is a final determination, the temporary motion remains in force. You can file a new motion to change or vacate the temporary order, but it still has to be the court that makes the change. Once it is in this court, you have to remain in the court that issued the temporary order unless you had argued that court's jurisdiction at the time the order was issued. If there are subsequent court rulings that contradict this ruling, then the newest ruling is the enforceable one. No matter what, it all means you still have to go back to court because they are the only ones who can fix this and you need to get a local attorney to do so.
Customer: replied 6 years ago.
in what court is the temporary motion need to be revised or resubmitted?
divorce or probate?

Next. during the divorce proceedings there was an order dismissing the order of protection against me from my daughter. Can any of this info in the dismissed order of protection be used against me during the hearing on guardianship/fitness?
Expert:  Law Educator, Esq. replied 6 years ago.
It has to be filed in the same exact court that issued the temporary order, whichever court that was.

Yes, the dismissed order can be introduced as part of your evidence, but it cuts both ways, it can be used in your defense as you will allege that if it were true it would not have been dismissed and it can be used by her to say that you really did those things.
Customer: replied 6 years ago.
So who resubmits a motion to vacate the temporary order divorce lawyer who did a bad representation or attorney in probate?

Also how can the dismissed order be introduced since it was dismissed?

Who would know why it was dismissed where is that information?

And I can't retain an attorney in two days - my support due to the neglect and poor poor representation of my divorce attorney my support was terminated upon spouse's death which I find unbelievable since I was married for over 33.5 years and he has an estate, unknown to me, and I cannot survive financially without that support so I am strapped for money and have no food to speak of since I have almost next nothing in funds.

What are my options as my divorce attorney informed me he is out the window bye because I did something wrong and made of mess of the temporary order it goes on but what should I do next????legally
Expert:  Law Educator, Esq. replied 6 years ago.
You or your attorney has to submit the motion. As far as why it was dismissed, that is for your attorney to argue based on the record from the court.

You can ask for the court to grant you a continuance to get an attorney and ask for 30 days, but you are really going to need an attorney because they are going to have to dig up some case law to support your case. You can call the state bar and ask for the pro bono attorneys in your area for assistance to represent you. If you did something wrong for not listening to your attorney, I do not know what I can tell you about that and it is something that unfortunately happens frequently with some clients and you cannot undo what you did, only try to minimize it.
Customer: replied 6 years ago.
good It is called the State Bar Association yes?

And I will resubmit the form I have the old form how do I call the resubmittal in legal terms


I want to resubmit only parts of it.
how do I call and refer to it?

Last I can ask for 30 days for continuance on an emergency petition for guardianship in probate court?? Yes?????

Expert:  Law Educator, Esq. replied 6 years ago.
Yes, it is called the bar association for whichever state you are looking in.

You cannot just resubmit parts of it, you have to rewrite it to submit it only certain parts and you can call it the same thing, petition for temporary relief.

You can ask for a continuance with good cause.

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