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  1. #1
    Join Date
    Apr 2006
    Location
    Indiana
    Posts
    10

    Default Getting Kids Back After Court Ordered Guardianship

    Hi,
    This is a long story, hopefully I won't leave any of the important parts left out. I have had 2 major back surgery's in the past 2 years. Anyway, I had my last back surgery the end of November 2005, I was in the hospital and nursing home for 2 months after this surgery. My sister and brother-in-law came from Texas to Indiana and offered to help by taking my 3 kids (8 year old twins and a 5 year old) back to Texas with them while I was recovering. We agreed and signed temporary guardianship papers. The papers that I signed were while I was on heavy narcotics the day after my back surgery in the hospital. I don't even remember it. So, my kids went to Texas on December 9th. Then our attorney told us that they filed for permanent guardianship for my kids! We went to court on February 14th, their attorney took the entire day so we could not even testify. The judge spoke to the kids that day and we found out that they told the judge that they wanted to come home. But, we had to continue. Our next court date was March 15th. 35 minutes before the hearing, my brother-in-law went to the sherriff and told him that my husband molested my 5 year old son! So we testified in court. Their attorney said I was a drug addict, I guess people with back surgery's should not be able to even have anesthetic for it. :evil: I had already been to my primary care doc and had him wean me off all narcotics that I had been on. We submitted a list and description of all my meds at court. Their attorney kept asking me what all of them were for. Like my Methotrexate, Dilantin, Neurontin, and Plaquenil. I have Lupus. Anyway, She asked me if I was in a drug program. I responded by saying, I have no need to be in one, do you want me to take a drug screen?? She cut me off.
    My daughter has a back condition that might cause her to have a spinal fusion when puberty comes. My sister had said that she wanted to put her in martial arts. I asked her not to and I had her doctor say something about it. He said no. My sister did it anyway. My son was on an antidepressant when he left Indiana, my sister took him off it! The judge had ordered that the Indiana parenting time guidelines be in order. They have not followed it. We are only able to speak to the kids once or twice a week!! I have not seen a report card, or even prescriptions written for my children.
    The detective in Indiana told our criminal attorney that he did not believe the allegations against my husband. But, the kids had to be spoken to by the police in Texas. The detective also told our criminal attorney that the judge had said that he was going to order the children to come home on March 15th but couldn't now because of these allegations. Well, the kids were spoken to in Texas by a social worker at the local PD. The tapes were sent back to Indiana. We got a call from our criminal attorney on Tuesday this past week stating that there was no case as nothing bad was said on the tapes and the kids would be returning home. The judge had been on vacation until Wednesday, and the courts were closed Good Friday. I wanted the kids home for Easter! I am so upset about all of this. The other day, my son was sent under a car that was turned on to get a piece of paper that my brother-in-law dropped. He hit his head on the open car door and ended up with staples in his head. What kind of person makes an 8 year old go underneath a car when that child could burn himself on the tailpipe???? About a month ago, my 5 year old told me on the phone that he had a secret that he could not tell me. He said "Uncle Rich told me that I could not tell anyone about our secret." What kind of secret does a 50 year old man have with a 5 year old boy?! I am terrified that my brother-in-law is the molester and he was trying to cover up by making false claims against my husband. CPS in Texas won't do a thing. They investigated when my brother-in-law picked up my 8 year old son and threw him on the ground, making his face bleed. Also, my 8 year old son called 911 one night because he felt my sister hurt him by grabbing his arm and twisting it real hard. The police went to the home and yelled at my son for calling! Then when they left, my sister picked up a book and hit him across the face for it. I had called to see if there was a report and they told me that it was a false call. I told the police down there that if they get a 911 call from a child at that house that they need to respond as my son was calling for help!
    This has been so hard on everyone. My children have missed Christmas and now Easter. Our Christmas tree is still up with their presents waiting for them. When I get the kids back I am planning on sueing my brother-in-law for all of this especially the false molestation claim. It is criminal in Indiana to do this but it needs to be proved first, so I doubt that he will be prosecuted for that one.
    4H is starting up and dog shows are starting. My daughter has started handling our German Shepherds in the show ring, and she has already missed a specialty show here. I am at my wits end and don't know what to do.
    Thanks
    Pia

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,932

    Default

    If they have a court-ordered guardianship in Texas, you need to consult a Texas lawyer about how to get the guardianship terminated.

  3. #3
    Join Date
    Apr 2006
    Location
    Indiana
    Posts
    10

    Default

    the guardianship was ordered in the state of Indiana.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,932

    Default

    If they have a court-ordered guardianship in Indiana, you need to consult an Indiana lawyer about how to get the guardianship terminated.

  5. #5
    Join Date
    Apr 2006
    Location
    Indiana
    Posts
    10

    Default Re: Getting Kids Back After Court Ordered Guardianship

    The judge ordered the kids to return. Nothing was found in the investigation of child abuse, except that the kids told the police that my brother-in-law was beating them with belts in Texas! They are to be returned to Indiana. Now the kicker. My sister in Chicago is sending letters to my friends with a photo of my kids in the middle saying, help save these children from molestation, they are court ordered to go back to their abusive parents!
    What the heck can I do about this one?? We already know that my brother-in-law is not going to bring the kids back and the FBI is just waiting for him to violate the court order and they will pick him up for kidnapping. But, what can I do about my damn sister sending these things to peope?? I called the kids school here to find out if they have gotten anything in the mail and I am waiting on a return call.
    Pia

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Re: Getting Kids Back After Court Ordered Guardianship

    To stop her, you really would have to try to get a court order prohibiting her conduct in Illinois. You may wish to try to talk to an Illinois lawyer about a possible defamation lawsuit.

  7. #7
    Join Date
    Apr 2006
    Location
    Indiana
    Posts
    10

    Default Re: Getting Kids Back After Court Ordered Guardianship

    There are 3 more people that have received these letters! My old neighbor with a heart condition is one of them and she sent it to the principal of the kids elementary school here. I am going to have to sue her and my mother for slander.

  8. #8
    Join Date
    Apr 2006
    Location
    Indiana
    Posts
    10

    Unhappy Re: Getting Kids Back After Court Ordered Guardianship

    Here is the latest. I heard from the local detective today that my brother-in-law has filed a restraining order for my children against myself and my husband. I am waiting for a Texas attorney to call me back, but my Indiana attorney told me that since the kids are legal residents of Indiana and this case has been in Indiana that Texas is out of their jurisdiction with this? My brother-in-law has until 3pm tomorrow to return my children to the state of Indiana. I have not been served yet today. But, the detective told me that my brother-in-law told him that there is a court date for June 7th. So if he did file for a restraining order, it was done a few weeks back.
    My attorney is working on warrants right now for their arrest if the kids are not here by 3pm tomorrow. Will I need to go to Texas for this court date on the restraining order? We have proof that my brother-in-law has been beating my kids. I am just so sick with all of this crap now. Wouldn't you think that I would of been served by now with this restraining order? The children were taken to Texas on December 9th, they arrived in Texas on December 10th. Can I go get the kids if they are arrested? Or can I have an advocate group pick them up for me? What should I do now?? Help

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Re: Getting Kids Back After Court Ordered Guardianship

    One approach I've seen taken in similar cases is to have a lawyer in the county where the children are located register the out-of-state order with the local court, get an ex parte emergency order from the local court to let them take custody of the kids, then have the local police help them recover the kids and take them home. The lawyer in Texas can describe if that type of procedure is possible under the facts of your case, as well as Texas law and court procedure.

  10. #10
    Join Date
    Apr 2006
    Location
    Indiana
    Posts
    10

    Default Re: Getting Kids Back After Court Ordered Guardianship

    This lawyer wants a $3500 retainer! We can not afford anymore fees like this. I am just going nuts. I have been reading this uniform child custody act and it looks like Texas is not allowed to do this. I don't know what I am going to do. I would hate to show up to court for this without an attorney. They scheduled an emergency hearing for my sister and brother-in-law to show just cause as to why they did not return the kids. This is not until next Friday June 16th!!!! What kind of emergency hearing is this?? I am so mad.
    Pia

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