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I filed to have my Michigan guardianship registered with…

I filed to have my...
I filed to have my Michigan guardianship registered with Texas court in oredet for my sister to return my daughter back to me. What do I file next to get it enfoced and where do I get the form?
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4/22/2018
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Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks so much for your patience. Generally, there are more questions than experts available on the site so I apologize for the delay. So, it looks like you are domesticating your judgment in a TX court. If you are looking to get your daughter back, then you may need to file a petition to have the guardianship terminated.

Texas courts are very bad at putting their forms online or else I'd upload it for you. In your case though, you should explain to the court your situation and tell them that you're ready to have the child back and the guardianship terminated. You can explain your reasons why (you have a new job, you've gone through training, anger management, drug counseling (if applicable), or whatever the case may be) to help get the child back.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
I live in Michigan and have legal guargianship for my daughter that is urrently in Texas with my sister who is now refusing ti return her to me. I have had my guardianship registered with Texas court. What do I now need to file to get my daugjter back?

Hi. I actually just put the answer to your question. Let me repost:-)

Generally, there are more questions than experts available on the site so I apologize for the delay. So, it looks like you are domesticating your judgment in a TX court. If you are looking to get your daughter back, then you may need to file a petition to have the guardianship terminated.

Texas courts are very bad at putting their forms online or else I'd upload it for you. In your case though, you should explain to the court your situation and tell them that you're ready to have the child back and the guardianship terminated. You can explain your reasons why (you have a new job, you've gone through training, anger management, drug counseling (if applicable), or whatever the case may be) to help get the child back.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
My sister never had guardianship. My daughter was staying with her temporarily. Do I need to file a writ to have it enforced because it has already been domisticated.

I'm a little confused. So, a court has never approved guardianship over your daughter? Did your sister just have it informally?

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Customer reply replied 3 months ago
My daughter was living with my sister temporarily. I still have guardianship and I am trying to have the courts enforce my guardianship. My sister never had guardianship.

Gotcha. I was confused. Ok, so if that is the case, you don't have to file anything with the courts. You can contact the county sheriff in the county where your daughter is staying and ask them to enforce it for you.

Because you already have guardianship, then no one can interfere with your rights to the child without at least asking the court for the right to intervene. Accordingly, the county sheriff is responsible for enforcing all kinds of court orders and this is something that they could do. I would call them as soon as possible. The courts don't even have to be involved. Does that make sense?

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Customer reply replied 3 months ago
do I need to wait for anything from the courts since I domesticated my guardianship?

My recommendation is yes. Even if there is a valid order, a sheriff's deputy may say, "Well, it's not domesticated officially yet." As soon as it is domesticated, then you definitely need to call them and have them enforce the order:).

Did you have any other questions for me today? I'm very sorry about your situation.

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Customer reply replied 3 months ago
I don't need to file for a writ to have it enforced?

No. If you have guardianship, you're the one with access to the child, no one else.

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Customer reply replied 3 months ago
She is an adult with Autism but I do thank you for all of your help.

I'm so sorry. 99% of these issues are for children; however, the same rules apply. She should be returned to you without having to file a writ. Thanks so much!

If you don't mind, would you be okay providing me a five-star rating today? I would sincerely ***** *****!

Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 3 months ago
I feel you deserve a 5 star rating.

You're too kind. Thank you!

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Customer reply replied 3 months ago
This is the follow up about having my legal guardianship enforced, the domestication of foreign judgment has been odered and now needs to be executed. This follow up is to correct information that I was given by the attorney. I was told that once I recieved that judgment that I could call the police to have them enforce it. This is incorrect information. The police will not enforce any judgment, they will refer you to the Constable who will then tell you that you need a writ of attachment for them to enforce it.

Thanks so much for following up. Many times, the police are confused about civil court orders like these. The trouble I'm having with your situation is that if you have a court order for guardianship, then there shouldn't be anything more you need to do. If a judge, authorized by the law, has entered an order for you to have guardianship over your daughter, there is little you need to do to enforce it because you have guardianship. If someone is interfering with it, you could request a writ of attachment, but generally a writ of attachment is only needed if you win a judgment and you need to attach a lien or garnishment to someone's property. You may need to contact someone else at the constable's office for more information. It sounds like you've been given inaccurate information.

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Customer reply replied 3 months ago
I just spoke with court and they too have advised me to file a writ of attachment to have the constable executed the judgment.

Did they happen to provide you something from the probate code that reflects this at all?

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Customer reply replied 3 months ago
I was told that I need to file a Writ of Habeas Corpus, where can I get this form? And to answer your question, no, I was not given a probate code.

Understood. Let me check on something real quick to see what they mean.

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Customer reply replied 3 months ago
Ok, thank you.

Ok, thanks for your patience. Usually, the writ of habeas corpus is allowed when someone isn't returning a ward back to you; however, usually this is in cases where one parent is refusing to return a child consistent with the court orders. So, although legally I would disagree with the idea that you would have to file anything because your family member wasn't included in the original court papers, if they are suggesting strongly you do this, you may want to take their advice. In most cases, at least where I live, if someone is interfering with your right and that person has no other rights consistent with a court order (such as a 2nd parent) the sheriff or state police can handle the situation because they have the authority to do so. Thus, in this situation, you may want to get the writ if they aren't going to help otherwise.

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Customer reply replied 3 months ago
Where can I get the forms to file?

My recommendation is to call that same courthouse you called earlier and ask them if they have forms. TX is really bad at putting forms online and they should have some idea of where you can find them and if they're even necessary.

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Customer reply replied 3 months ago
The court refered me to TexasLawHelp.org but the form is not there, only instructions. Can you send me a link for the form for Writ of Attachment?

Unfortunately, I don't' think they publish it online and I don't have a copy personally. If there's a form, they have to provide it to you or show you the link. If they don't, they're just being lazy and don't want to help.

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Customer reply replied 3 months ago
The website that the court refers you to clearly states thar they do not provide these forms so I am at a loss on how to proceed.

If this is the case, then my recommendation would be to just draft up a writ of attachment on 28-line pleading paper. I've attached a copy for you to use. In the caption you can just say "Writ of Attachment." It's probable that there is no form for something like this (they don't use forms for every single thing) and I have a strong feeling this would be more than appropriate.

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Customer reply replied 3 months ago
I paid for the forms on US legal forms. Thank you again for you assistance.

you bet. Thanks for coming back!

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Customer reply replied 3 months ago
Hello, where can I get a notice of hearing form to have my foreign judgment domesticated? If at all possible can it be sent to my email address:***@******.***. Thank you in advance.
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