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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I got into some trouble in 2014 and ended up

Customer Question

My husband and I got into some trouble in 2014 and ended up having to do some jail time, we asked my mother to watch over our 3 children while we handled all of our legal issues. We gave her temporary custody of all 3 kids. While I was incarcerated and my husband in rehab, (we are both recovering alcoholics 1 year 6 months sober)she filed for permanent guardianship. She has not allowed us to see them in 1 half years now and when she allows them to talk to us it's on speaker. We finally were able to see them this last weekend by luck and it was the hardest thing I've ever done.we were unable to be alone and she had to be there at all times. We didn't give our rights up and the courts didn't take them from us can she do this?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
What do we do to get our childRen home with us, we can't afford lawyers and there is many who do probono
Customer: replied 1 year ago.
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Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but 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.

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Just to clarify, how long has it been since you've seen the children - 1/2 year or 1-1/2 years? Are either you or you husband in a position to take back custody of the children?

Expert:  FamilyAttorney replied 1 year ago.

You mention that you want the kids back but are you able to properly care for them? If so, there are motions that can be made to get the kids back, but you will have to show the court that you are able to take them back. Are you able to care for them?

Under AZ law, if the guardian feels that contact with the parents isn't in the best interests of the children, he guardian has the right to limit contact if she determines it is harmful to the children. It may be that your mother is going overboard with this and it may be that a court will determine that you are entitled to some contact with your children. It also may turn out that you are ready to take your children back. I just need to know what the situation is now and if you are ready to take them back and will be able to convince a court that you're ready to do that.

Expert:  FamilyAttorney replied 1 year ago.

There are forms that can be filled out for getting your children back. What county are you in? The papers are for each county, so I'd need to know which county you're in.

Expert:  N Cal Attorney replied 1 year ago.

I am sorry to hear this.

Did you or your spouse appear as parties in the guardianship case? Were you even notified of it when it was filed?

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