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FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1363
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I live in Pennsylvania. I am 21 with a 2 year old daughter.

Customer Question

I live in Pennsylvania. I am 21 with a 2 year old daughter. My parents kicked me out of their house and kept my daughter. They made me sign a temporary guardianship agreement which was notarized. They stated it was just for foctors appointments and emergency if something were to happen to me. They now have told me i can not take my daughter out out of their home even to go to the park, they said i can't get her back until they deem I am financially stable in their opinion. My daughters father did not sign anything and has my daughter part time. There is no court order for custody, guardianship or child support. He does pay into an account yhat only my parents have access too. They pretty much had me brainwashed, scared that police would arrest me if I take her until a family friend is helping understand what is going on is completely wrong. Legally i wanted to know if i can just take her or do i need to file in court or write a termination agreement? Back story..i have never been in trouble with the law, drugs or any other issues. They are trying to keep her as their own even teaching my daughter to call them mom & dad. They have had her for 2 months without me living there. I have a job, i am a student in college and i live with my noyfriend of 6 months house. We have our own living space in their house, she would have her own room.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. Oh, keep in mind that at the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of our discussion? Thanks!
Expert:  FamilyAttorney replied 1 year ago.
In PA, a temporary guardianship arrangement is just that -- temporary. It is not a court order and it is not even enforceable by a court. Having the document notarized does not make the document legally binding. This is not a court order, and it may not be honored by law enforcement officers, nor by the courts, in any dispute.That means yes, you can get your daughter, but you know they won't let you. If you go there with the police, that could be traumatic for your child. They are trying to scare you, and they did indeed scare you, so that's what they're hoping is that you'll just back off. Now, legally, they don't have a right to your daughter. You can revoke the temporary guardianship. I would suggest, however, that since you need a custody arrangement vs. the father, and since you need child support, and if the father hasn't had paternity established to show that he is the biological dad, you really do need an attorney to help you with all of this. Your attorney can help you bring an emergency motion or an order to show cause (a faster motion) into court to get your child immediately. Once that is done, you can continue with the attorney for child support and custody issues. If you cannot afford an attorney, you can try to use Legal Aid and if you want names of family lawyers or Legal Aid in your area, just let me know what big city or town you're near in PA and I can give you a list of lawyers. I cannot recommend any lawyers but I can give you a list and you can choose from that list. It is disgraceful that they are having her call them mom and dad. They already did their parenting! Enough is enough. They have to be stopped and this is not healthy for your child. It is NOT up to them to decide whether to keep your daughter. YOU get to decide, but since this won't happen without some court action, I would strongly suggest getting a lawyer to help you. You need a lawyer to do this for you and for moral support as well, because your parents, I'm sorry to say, do not have your daughter's best interests in mind, nor do they have yours. You need someone who can stand up to them and legally tell them they don't have a leg to stand on. YOur family friend is right, and what they're doing is wrong. Yes, you can take her but you know they're going to put up a fight and make it horrible for you if you bring in the police to get your daughter back. If you try it, your parents may try to go after you for visitation, and you don't want to allow that now either because you won't get her back. You should get a lawyer and if your bf can help you afford a lawyer or if you can afford one, please get one to help you here. You are a good mom, you have great credentials and nothing to be worried about -- you don't have a criminal record and your parents are just being cruel. Now it's time to get them to stop. Just let me know if you want the names of family lawyers or Legal Aid by letting me know where in PA you are and if you want a private lawyer or Legal Aid.I hear about these stories all the time. These are about grandparents who think that the child is their own. The child is not their own and they need to grow up! Legally, they are not in good shape, but don't be surprised if they ask for grandparent visitation. You will want to fight that because of their failure to give her back to you and because they are brainwashing her. Tell all of this to the lawyer!Does this answer your question? If you need more information, let me know.I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you. Please accept my answer, rate my answer and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!
Expert:  FamilyAttorney replied 1 year ago.
I just wanted to say that I'm supposed to stay here for about 15-20 min but when we go beyond that we ask for premium services. I'm not going to do that even though we went beyond that time. I just want you to understand that I need to answer other questions right now but I will check in from time to time to see if you need any more questions answered. I thank you in advance for rating me. I can't get credit for being here today without it. Be well and feel free to keep in touch!
Customer: replied 1 year ago.
My relationship & agrrement with her father is positive. He does take parental responsibility. I can go through lical fomestic relations for child support. If I can get my daughter out the house without drama, can the police do anything ( make her stay with my parents because of the notarized agreement) ? Do I need to file or give my parents any type of termination of temporary guardisnship letter?
Can you please give me a list of lawyers , because I am a student and only have a part time job I do not have enough funds for a private family lawyer. Can my parents try to get emergency custody...or can I get a petion for them to stay away. They are wealthy, well known in the town & church, they also seem to think they have enough pull to keep my daughter. They state it is in the benefit of my daughter & that the judges & court will side with them. That they know the police & will come after me and my boyfriend/ & his family if I try to take her. They make notations on every conversation we have & what I do. They also have cameras in their house and when I am there they don't even leave me & my daughter alone together. They are crazy & extremely religious.
Customer: replied 1 year ago.
I live close to Harrisburg, Pa in Hershey.
Customer: replied 1 year ago.
This is the agreement they had me sign.
Expert:  FamilyAttorney replied 1 year ago.
Sure -- give me one min and I will help you.
Expert:  FamilyAttorney replied 1 year ago.
The police can't require the child to stay. The agreement is not custody, it's temporary guardianship which you can tell the police you revoke, even if you sign a paper and revoke it and notarize that too, but it's not really necessary. I hesitate to tell you to send a notice revoking the temp guardianship because then they will go get an attorney. You want to strike them when they're not expecting it! That will help a lot, filing it in court and then they will have no choice but to comply. If you want to try the police first, by all means, it's cheaper. Eventually you will need a lawyer anyway for a custody agreement. Come to an agreement with the father and you'll be happy you did. Later on, if he gets mad at you, you'll be sorry you didn't get a custody agreement!You don't need a petition to get them to stay away unless they are harassing you. Then you will need one.They are using their $ to help them. That is just so unfair. The court will NOT side with them. Why would the police come after you? You are the mother. You have superior rights to the child!!!! As long as you're not neglecting or abusing her, you have rights more than anyone else. Sounds like with cameras, they are a little nuts....which is not going to help you so I suggest a lawyer instead of the police. They are going to be difficult about this, and you know you have to prepare for it. You want to catch them off guard.They won't get emergency custody -- I don't know if I answered that already but they won't get that. Pennsylvania Legal Aid Network  WebsiteDirectionsAttorney Referral ServiceAddress:***** Harrisburg, PA 17101Phone(###) ###-####ours: Closing soon · 9AM–5PM Also: TO APPLY FOR SERVICES CALL(###) ###-####f you live in any county except:Lancaster – Call(###) ###-####ork – Call(###) ###-####These appear to be two different organizations, like Legal Aid and Legal Services. They probably are both similar. Are they located near you?
Expert:  FamilyAttorney replied 1 year ago.
A temp guardianship agreement is the lowest form of "custody" and you can revoke that at any time. I would ask for a free consultation with Legal Aid or Legal Services and follow what they advise. I urge you to get a custody agreement because you will need one for the future, and you will need a child support order. You can do the child support yourself if you want but certainly you can help cut legal costs if you and the child's dad make an agreement about custody and visitation. The Legal Aid attorney can help you with that if you need and also with child support.Here's some more info: Does that help you? I wish you the best of luck. Your parents are out of control! They have to be stopped.