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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My daughter was relocated a last year in july. being on probation

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my daughter was relocated a last year in july. being on probation i was to take a ua and failed with marajuana. i followed up in feb this yr expecting to get my child back with no luck. they claimed my sobriety and completion with all requirements wasnt 3-6months i signed no new documents seeing that the last set i signed had been fullfilled i signed a poa to my grandmother to whom i told did not have my permission to vaccinate my child. she didnt respect my wishes and i wonder if i can just take my daughter back the cps has not notified or called me in months whatsoever and i have been told by my daughter that she is not being handled properly i worry for my childs well being where she is please i need to know where to go and what to do from here
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
The answer that I will provide will likely not be favorable so I ask that you do not blame the messenger. It appears that at this time, for whatever reason (be it valid or invalid), your daughter was placed with your mother, and your mother has guardianship of the child. If she has guardianship, she can make all legal decisions pertaining to the child, including vaccination. Likewise, if she is listed as guardian (provided that there is a court order), she has the right to the child, and yes, even withhold him from you.
But you do have options--you can go to court yourself and file for a termination of guardianship and seek that the child be returned to you. If you are in very real fear for your daughter's health and safety you can also file for an 'ex parte' hearing requesting emergency custodial rights that if granted, will permit you to take the child back right away. This is likely the best option if you have evidence of wrong-doing and if granted, would be the fastest way for you to get the child back.
Dimitry, Esq.

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