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My dad and step mother just got custody of my daughter she

will be 2 months old...
My dad and step mother just got custody of my daughter she will be 2 months old tomorrow, they filed on the 4 of Nov and the custody order was signed by the judge on the 5 of Nov I was never informed that they even wanted custody of my child. Now they have my daughter and there was never a court hearing and my dad said that there will never be one that it is a done deal and that there is not a thing I can do about it they say that I am unfit because I do not have a job i just got cleared by the doctor to start working is my dad right and is it legal for custody to be given without a hearing or the mother and father of child having some input
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Answered in 8 minutes by:
11/19/2013
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
Verified
Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I may ask a few questions to get more information about your case so that I can provide the best possible answer. I just ask for you to ask any additional questions you may have if you feel the question has not been answered, as my goal is to provide you with Excellent Service. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

Where was the child before they took custody?
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Customer reply replied 4 years ago

I moved in with my dad and step mother they said they wanted to help me with taking care of my daughter after my daughter was born I have my own place and have had for a while. I was cleared by the Dr on 1 Nov so that I could now work

Customer reply replied 4 years ago

they are saying that I am unfit because I don't have a job and I don't own a car of my own

so you and the baby were living with them on nov. 4th when they filed?
also, what was wrong with you that a dr. had to "clear" you?
Do you have a copy of the court order giving them custody?
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Customer reply replied 4 years ago

Yes I was staying with them on the 4th of Nov when they filed and I was cleared to go back to work on my 6 week check up after having the baby. and Yes I have the court order it was served to me on the 11th and they kicked me out without even my clothes and told me i could not see my daughter again

Customer reply replied 4 years ago

Yes I was staying with them after I had the baby when they filed on the 4th of Nov . I was released from materiny leave so that I could go to work. I was served on the 11th of Nov and kicked out and not even aloud to get my clothes or see my daughter to even say I love her or good by

I'm sorry, I keep having trouble getting back into the question...the hour glass keeps spinning, so please be patient with me I will not leave you until we are done. Can you please tell me what the court order says?
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Customer reply replied 4 years ago

It says that I have used poor judgment concerning the child being unwed and threatening to leave with the child while having no means of support I have a job this is a lie and again a have a home that i pay rent on and i have a lease

Ok, you need to file a motion to reconsider with the judge and you have 10 days to do so. In your motion you need to outline for the judge that you do have a place to stay, you have a job (provide proof) and as a parent you have the right to make decisions for your child. Once you file the motion, get a court date from the clerk for a hearing date on your motion. You have to serve them with a copy of the motion and the notice of hearing date. On the date of the hearing you will show up with your evidence and any witnesses to present your case.

IF the judge denies your motion then you need to immediately file an appeal. I pray you can get a lawyer for this because your parents have an advantage and you need to level the playing field. If you have to do this own your own contact the court tomorrow to see if they have the forms for you to fill out so you can file it with the court and then serve a copy on your parents. This is what needs to be done at this point. I hope this helps clarify.

I hope I have provided you with excellent service. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. We are not paid a salary here and positive ratings encourage experts to answer future questions. If you do rate me positively, a bonus is always appreciated. Please be fair, as you want fairness, and understand we do not make the laws and cannot control the answers, so do not rate me poorly because you do not like the answer. If you would like to request me in the future, just make sure you type: To XXXXX on the subject line. Thank you!
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
Verified
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GeorgetownLawyr
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
12,049 Satisfied Customers
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti

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