Biological Mother Is Withholding Babies from Legal Guardians

[olred61]

My question involves guardianship in the State of: Oklahoma

My husband and I have Emergency Temporary Guardianship of our niece, who has lived with us since the day she left the hospital. This is a court ordered guardianship with visitation for the mother on weekends with a 48 hour notice. My husband brought the baby down today, Friday 6/15/2012 to his sister, the mother. She got upset over the fact that the baby's Sooner Care Medical Insurance was used to get the baby's shots and medicines that She, the mother should have gotten done.

The Department of Human Services was called in by the police because the mother had bruises and a black eye, when the mother came two weeks ago and ripped the baby out of our house. We also called DHS on the mother because the house she is living in is not safe for the baby. The mother has a child who will be 4 in August. The DHS investigator told the mother that she needed to get the baby's shots done, which she did not do. She relinquished the baby to us and we immediately sought Emergency Temporary Guardianship, which we were granted. We have a court date set for about 10 days from now for full legal guardianship.

I called the Health Authorities from Sooner Care and was informed that the baby's Sooner Care was good until the end of the month, but that I would have to reapply. Which I am in the process of doing. So, I took the baby yesterday and got her Well Baby check up done and her shots done. She was 2 months behind and they were her second set of shots. I picked up all her medicines from the pharmacy because she has allergies, a yeast infection and acid reflux disease and she needed the medicines.

The mother is now angry about the Sooner Care being used and is now threatening to keep the baby until the court date in 10 days. We called the police and we were told it is a civil matter, not criminal and all we can do is try and locate her and get the baby back and/or wait until Sunday when she is supposed to give her back to us and then call the police. The police officer suggested we call DHS an let them know the mother is not playing by the rules of the visitation.

My questions are these: What rights do we have in getting the baby back? Can she be arrested if she refuses to give back the baby? Who do we call to try and terminate her parental rights or do we wait until the court date and present all this to the judge, especially if she does not give the baby back? Do we go see the judge Monday morning, DHS, a lawyer? Help, she has been holding this baby over our heads and we just want what is best for the baby. Again, we have had her since birth. She knows us as mommy and daddy and the mother has only seen her 4 times since, except for the week she had her two weeks ago. I really need advice on this. We appreciate any help.

[cbg]

Do you have a question?

[olred61]

My questions are these: What rights do we have in getting the baby back? Can she be arrested if she refuses to give back the baby? Who do we call to try and terminate her parental rights or do we wait until the court date and present all this to the judge, especially if she does not give the baby back? Do we go see the judge Monday morning, DHS, a lawyer?

[Dogmatique]

My question involves guardianship in the State of: Oklahoma

My husband and I have Emergency Temporary Guardianship of our niece, who has lived with us since the day she left the hospital. This is a court ordered guardianship with visitation for the mother on weekends with a 48 hour notice. My husband brought the baby down today, Friday 6/15/2012 to his sister, the mother. She got upset over the fact that the baby's Sooner Care Medical Insurance was used to get the baby's shots and medicines that She, the mother should have gotten done.

The Department of Human Services was called in by the police because the mother had bruises and a black eye, when the mother came two weeks ago and ripped the baby out of our house. We also called DHS on the mother because the house she is living in is not safe for the baby. The mother has a child who will be 4 in August. The DHS investigator told the mother that she needed to get the baby's shots done, which she did not do. She relinquished the baby to us and we immediately sought Emergency Temporary Guardianship, which we were granted. We have a court date set for about 10 days from now for full legal guardianship.

I called the Health Authorities from Sooner Care and was informed that the baby's Sooner Care was good until the end of the month, but that I would have to reapply. Which I am in the process of doing. So, I took the baby yesterday and got her Well Baby check up done and her shots done. She was 2 months behind and they were her second set of shots. I picked up all her medicines from the pharmacy because she has allergies, a yeast infection and acid reflux disease and she needed the medicines.

The mother is now angry about the Sooner Care being used and is now threatening to keep the baby until the court date in 10 days. We called the police and we were told it is a civil matter, not criminal and all we can do is try and locate her and get the baby back and/or wait until Sunday when she is supposed to give her back to us and then call the police. The police officer suggested we call DHS an let them know the mother is not playing by the rules of the visitation.

My questions are these: What rights do we have in getting the baby back? Can she be arrested if she refuses to give back the baby? Who do we call to try and terminate her parental rights or do we wait until the court date and present all this to the judge, especially if she does not give the baby back? Do we go see the judge Monday morning, DHS, a lawyer? Help, she has been holding this baby over our heads and we just want what is best for the baby. Again, we have had her since birth. She knows us as mommy and daddy and the mother has only seen her 4 times since, except for the week she had her two weeks ago. I really need advice on this. We appreciate any help.

Whoa - termination of parental rights?

For what reason exactly?

Do you understand that if Mom plays the game, she's going to walk away with her child?

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This child should also NOT know you as Mommy and Daddy. Why is that being encouraged?

[olred61]

Because she agreed to let us eventually adopt the baby. Yes we know she could walk away with her child which again she has been holding this baby over our heads for everything. If you look at her wrong she gets upset and states she will keep the baby. We were told the quickest and fastest way to get things going was legal guardianship. The problem has been the mother does drugs, lives with her parents and her boyfriend (who broke into the parents house), the mother's father is an abusive alcoholic, the boyfriend beats her, he has threatened the mother and her baby, yet not her almost 4 year old son. We would like to get the 4 year old out too but the mother wont allow it. This is why we went the Emergency Temporary Guardianship. We had enough proof and statements that the judge granted it for the baby. DHS has been to the house and will be returning to make sure things are the way they should be.

My primary question is: can she keep the baby while we have Emergency Temporary Guardianship and what do we do to get the baby back before the court date?

[Dogmatique]

She can until she's forced to hand over the child.

You can't force her, physically, to hand over the child without committing battery on one or both.

How old is this baby?

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(I'm honestly not trying to disillusion you here, but you need to understand - temporary emergency guardianship is so very easily revoked)

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And where is the father?

[olred61]

The supposed father is in jail for having a controlled dangerous substance (Meth, Oxycodone, Marijuana). The baby will be 6 months on the 29th of June. Do we call the police to get the baby back??

The boyfriend is a convicted felon too for breaking and entering on the parents house. The mother is a convicted felon for assault and battery on a police officer. She also has forcible entry. Both are on probation, and neither one can get into trouble or they go to jail.

Also, the mother has provided no financial support whatsoever to this baby. We have paid for everything from formula, bottles, clothing, diapers, furniture, etc.

[Dogmatique]

The police have already told you - they will not do anything.

The police will not force Mom to hand over the child; they'll simply tell you to take it to court.

Is Mom ordered to pay support?

[olred61]

The police said we could do nothing until Sunday at 4pm when she is supposed to return the baby. Then when we find her they can and will make her give back the baby. No, she is not court ordered to pay support.

We are at a loss and were wondering what we should do?

[Dogmatique]

If she's not ordered to pay support, she's not legally obliged to provide anything.

Honestly? Get yourselves to a family law attorney first thing Monday morning.

If Mom wants her child, the court will generally go out of its way to give her every last chance no matter what has been temporarily ordered. It takes a LOT for the court to terminate a parent's rights for cause. An awful lot. Being a flaky criminal isn't generally enough.

Be prepared for Mom to file something in court on Monday either challenging the current temporary order or wanting to establish something more permanent - herself. If that happens, the court isn't likely to force her to hand over the child unless there is a clear, obvious and imminent threat to the child.