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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Her and her husband we're originally suppose to have an open

Customer Question

Her and her husband we're originally suppose to have an open adoption, but as soon as they took the baby home from the hospital, nine days later the womans husband goes to jail for drugs, and the woman moves in with her parents when she has her own house...the mother asked for the child back and she refused. No adoption papers were filed no adoption had taken place. Months later she files for legal custody of the child in civil court, and the judge tells her to give the child back to her mother, gives her a week to do it voluntarily, but she doesnt so a week later he has it in writting...the woman eventually gave back the baby. That same day when the mother had the baby back in her custody the woman had asked the judge to reconsider, he denied it, and instead of appealing it she filed a dependency petition with family court after the mother had custody of the baby. The court date this woman first lied on the mother saying she was a drug addict, bidding her baby off to the highest bidder, she caused her baby to be special needs cause she took drugs when she was pregnant...there was no truth to any of it, she accused the mother of abandonement of the baby and being an unfit mother, after the GAL recommended the mothers parents, thats when the woman started lying on the baby saying she had multiple special needs and that she is the only one that could take care of her so the judge gave the woman legal temporary custody and the mother visitation. If the grandparents would had been next in line, why did the judge let this third party have her? The mother wanted a mother, father for her child and to be brought up in a two parent, christian stable home. When the mother saw that this couple had lied, she asked for her child back. The mother still wants a father and a mother for her child, she hasnt changed. The woman and her husbands situation has.
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
Also, the mother has unsupervised visitation. They had trial a few months later and when she was asked what grounds she had to say all that, her lawyer spoke up and said we misrepresented it... They did it just so they could keep the mothers child. She lied to a judge and so did her lawyer... Can nothing be done about that? She had no grounds for special needs, bidding the baby off to the highest bidder, being on drugs none of it was true. Thats the whole reason why family court judge accepted it. So if there is no truth, why did she get custody? Also she hasnt had to have a home study, go through steps like a foster mom would, the judge just gave her custody. The woman admitted in court that if she is never able to adopt this child that she still wants to plan on keeping her. How is that legal?
Expert:  Attorney2 replied 2 months ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 2 months ago.

"Her and her husband we're originally suppose to have an open adoption, but as soon as they took the baby home from the hospital, nine days later the womans husband goes to jail for drugs, and the woman moves in with her parents when she has her own house...the mother asked for the child back and she refused." Was there any form of contract?

"Months later she files for legal custody of the child in civil court, and the judge tells her to give the child back to her mother, gives her a week to do it voluntarily, but she doesnt so a week later he has it in writting...the woman eventually gave back the baby." So there was a court order?

What is the current custody situation?

"So if there is no truth, why did she get custody? Also she hasnt had to have a home study, go through steps like a foster mom would, the judge just gave her custody. The woman admitted in court that if she is never able to adopt this child that she still wants to plan on keeping her. How is that legal?" You are telling me that the proper procedures have not occurred?

Customer: replied 2 months ago.
There was just a release form from the hospital saying who took her home from the hospital. She was in the nicu for over a month. I signed the release form that is was alright for her husband and her to take the baby home.She has custody of my daughter till she is 18. I have unsupervised visitation every other weekend, one overnight stay a month.
Customer: replied 2 months ago.
No they haven't. I had asked her to reconsider and she denied it so we took it to appeals. Appeals finally answered it last Friday. Four judges affirmed it, and one wrote this...
Customer: replied 2 months ago.
No proper procedures were taken place.
Customer: replied 2 months ago.
The judge had ordered the woman to gibe her back to me. I had my daughter back for eight days. Two hours after I got custody of my daughter, she filed a dependency petition against me for abandonement. That's what we have appealed. We have put in an application for rehearing and the deadline is next Friday.
Customer: replied 2 months ago.
Give*
Expert:  Attorney2 replied 2 months ago.

Are you wanting to hire an Attorney? Document review is an additional service fee.

Customer: replied 2 months ago.
I have an attorney, i just wanted another attorneys feedback
Expert:  Attorney2 replied 2 months ago.

To review the documents is an additional fee. Let me opt put for another attorney to assist you.

Customer: replied 2 months ago.
Alright thank you.