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  1. #1
    Join Date
    Apr 2012
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    3

    Default My Mother Has Custody of My Daughter - How Can I Get Her Back

    My question involves a child custody case from the State of: Texas. When my daughter was 2 we moved out of my mothers house. She ended up taking me to court for custody of my daughter and her reason was because she didn't feel that I was fit. She ended up getting court ordered visitation of her ( first,third,fifth weekends.) Early 2010, April to be exact, my daughter was taken from me by CPS due to drug use and temp. Guardianship was given to my mother. I was ordered to take a bunch of classes and do a psychological evaluation and wasn't financially capable of doing all of this due to me starting my life completely over. I left my drug addict husband and started over from nothing... Well my mother now has custody of my daughter but my parental rights were not terminated. I understand why and I know I made a lot of mistakes but I've turned my life around. I've been clean now for almost 2 years and I now have my own home, a decent job, transportation, and I want to get my daughter back... My mother is literally the most evil human on the face of this earth. I appreciate her being there for my daughter but she did this the wrong way. I hardly ever get to see my baby girl and when I do, she makes it VERY clear that she is the boss. My daughter wants to be with me, not my mom I just don't know how to do this. When I went to court the last time, I did not have legal representation and I know that that may have been the problem. Please help. PLEASE. My daughter is now 8. So this has been going on for along time and I just want my baby girl back...

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,548

    Default Re: My Mother Has Custody of My Daughter. How Can I Get Her Back

    If your mother has court ordered custody, you are going to need an attorney. Your child has spent much of her life living elsewhere and even if you're now fit, it may not be in HER best interest to be removed from the current custodian.

    You need an attorney.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Apr 2012
    Posts
    3

    Default Re: My Mother Has Custody of My Daughter. How Can I Get Her Back

    She has only been with my mom since April of 2010.. other than that, she has been with me.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,548

    Default Re: My Mother Has Custody of My Daughter. How Can I Get Her Back

    That's 2 years, and this is court ordered custody, yes?

    You need an attorney. Even though you're still Mom, custody is through the courts and you may need to show a change of circumstance in the child's life unless the arrangement was temporary.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Apr 2012
    Posts
    3

    Default Re: My Mother Has Custody of My Daughter. How Can I Get Her Back

    Yes, court ordered. She was awarded custody but my parental rights were not terminated. I do get visitation and I'm supposed to be envolved in school and doctors but my mother is not fallowing the court orders in that area. She's doing ANYTHING she can think of to keep my daughter from me... She's a sick twisted woman and I need to get my daughter from her. Every lawyer I've contacted wants thousands of dollars. What do I do?? Any ideas?

  6. #6

    Default Re: My Mother Has Custody of My Daughter. How Can I Get Her Back

    Beg. Borrow. Sell plasma. The child was removed from your care and your mom was made legal guardian. You have every right, and maybe the ability, to bring a motion for contempt yourself regarding her not following the court order regarding your visitation, but after the child has led a life with her for two YEARS, you are going to need a bulldog attorney in your corner if there is to be hope of the court shaking up the child's life so drastically at this point and taking the child from your mom's custody and returning the child to yours. That part isn't going to be a do-it-yourself endeavor.
    Catherine NeSmith
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