How Do I Get My Child

My question involves guardianship in the State of: California
Ok so,6 months ago I found out My 6 year old daughter was not only taken away from her mother,but also in foster care,and top it off,now has a Guardenship case,all this time I was not only payying child support every month,and being told I had no rights, and no one would help me to find her. but also never contacted one time on any of these hearings,denpency cases or guardenship hearings.so when I found all of this out,I contacted the anunt and uncle who had my daughter.asked if we could work out something,with no luck.I filed a "Motion to termate" today I went to Court,Found out.They would 'nt see the case due to the couple filing a adouption case as of 11/17/2011,right after I contacted them.I still was not contacted..until today at court.My question is can they really get away with this,what can and should I do, I have until 4/2/2012 please

OP, please remove your number from the post :)


First question - have you had contact with the child AT ALL? If so, how often? When was the last time you saw her?

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Quoting victorhobbs1966

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6 months ago I found out My 6 year old daughter was not only taken away from her mother,but also in foster care,and top it off,now has a Guardenship case

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How long had you been absent from your child's life prior to that time, such that you weren't aware of any of the issues or problems that led to removal? Did you have custody or visitation rights? What have you done over the past six months to try to regain your rights?

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Quoting victorhobbs1966

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all this time I was not only payying child support every month,and being told I had no rights, and no one would help me to find her.

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Who told you that you had no rights?

You haven't told us any background facts. If you chose to be completely absent from your child's life it's quite possible that a court had reviewed the situation and ruled that although your support obligation continued you had no custody or visitation rights. Or perhaps there was a prior child protective proceeding involving you? We don't know any of the case history.

What do you mean, "no one would help me to find her"? At what point did you even start looking? If you knew where to send your support check, you knew where to seek help to find your child.

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Quoting victorhobbs1966

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but also never contacted one time on any of these hearings,denpency cases or guardenship hearings.

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If they knew where to find you but did not, the court is aware of that, and the court is fine with that, there has to be a reason. What explanation have you received from the court or discerned from the court records?

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Quoting victorhobbs1966

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so when I found all of this out,I contacted the anunt and uncle who had my daughter.asked if we could work out something,with no luck.

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Why didn't you seek visitation rights through the court that ordered the guardianship?

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Quoting victorhobbs1966

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I filed a "Motion to termate" today I went to Court,Found out.They would 'nt see the case due to the couple filing a adouption case as of 11/17/2011,right after I contacted them.

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You still haven't told us what happened in the underlying action. Are you suggesting that mom's parental rights were terminated? Yours also? (Or were yours terminated in a prior proceeding that left you on the hook for support but without any other parental rights?)

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Quoting victorhobbs1966

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I still was not contacted..until today at court.My question is can they really get away with this,what can and should I do, I have until 4/2/2012

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Unless and until you can tell us the actual history of the case, both in and out of court, we won't be able to tell you what happened or why. Realistically speaking, you need to get a copy of the court records and have a long sit-down with a lawyer. If you can't afford a lawyer, start here.

OK so here's the history,I was with the Mother in 2004 for 3 months,I had to ask her to leave. Then in Oct of 2005 I reaceave a call from a worker,Varied I knew the mother,and was willing to take DNA test.Did nt hear back from them till 2006,took the test,was informed in 2007 I was the father,gave my income exspance,in Aug of 2008 I contracted "West Nile Virus", almost did,'nt recover. At same time support services tagged my accounts,and I had to pay 10,000.plus 1600.,Once I got back on my feet and working,I started paying monthly call the court in the town where my moneys where going, But was told I had no rights.I needed a Attorney.tryed to find someone to help,none where willing,and no one would tell me anything.so I continued to work,get me life back on track and take care the children I had at home.Hopping that the Mother would make contact with me.fast forward'2009,I hired a PI to look for mom and child.only found a Sister,I tryed to make contact,But was told the mother where abouts where unknown.To not call her.Then in June of 2010 I had a Vehicle fall on me while working under it,was injured have been down again,had surgery in June of 2011,one month later I receaved Termanation papers from support service,this time when I call some desclosed to me that my child had in fact been in foster care,Finilly some put me in the system as the dad.found out my daughter was near by with a Aunt.Made contact on Spet asked if we could getogether,and talk,so that I can get to know my daughter,Turns out she was with this Aunt when I called her in 2009, She lied to me.I have called and written them both every week sense,and they won't answer me. So I found the Guardenship file. Saw they lied about me,the juvenile dependency cases,and said I was unknown,and wanted nothing to do with her.Lies...
So on Dec 23 2011 I file a Montion to desolve guardenship,based on the lies.but went we went to courtYesterday,they file a a Adoption,which the Judge said Trumps the motion.They claimed they file it last year,well made it sound as though. When actually they filed it Two days after the first call I made to then

You need an attorney. Desperately.

You have no relationship with the child, and it is possible that an adoption can go ahead even without your consent.

Anyhow so had to make new one.they file this two weeks after I called them.so now I have a copy of this adoption paper,They are claiming I abanden her,and never try to make contact,when if fact they have been trying to hide her from me,and have continued to make every effort they can to keep us apart.What can I do,I have to be in court on 4-2-2012,I will be there,but how do I contest this,and get the court to look at this Motion,so they can see what has happen,Do I Have any Chance in Hell?

No have never been able to see her,how is this legal

no I have never been able to even meet her,and yes I need an attorney bad,but have no money.

Probully won't be able to work for at least 1 more year.

Because honestly? It was up to you to seek out visitation. No matter what your reasons were for not doing so, you didn't file for visitation with any court, anywhere. You may have legally abandoned her.

I'm sorry - but a message board really can't help you.

As an aside though - please think of the child. She doesn't know you - she's apparently settled, elsewhere, and you must ask yourself whether it's in HER best interest to be taken from all that she's familiar with.

Also, if you're unable to work - are you getting disability? How would you support a child?

well,yes of course knowing now what I do,I would have handled things differently.But that aside,I know she needs to know not only me,but her sisters. I am totally capable of supporting her,and her sisters. I'm not crippled.
The trajity of this is,THE COURTS. Not doing their Job,then that the Anunt would try to hide from me.
anyhow thanks.

I'm sorry, but it's NOT the court's responsibility to make sure you have access to your child.

It's YOUR responsibility. Yours, and yours only. That's the only tragedy here - your own inaction. I'm sorry if that sounds harsh, but it's the truth.

This isn't the COURT not doing it's job - it's YOU not doing YOUR job. If you want to be a parent, it takes ACTION beyond just the sex required to make a baby. You might not be crippled, but apparantly you're too lazy to get up off your fanny and actually DO what you needed to do to be a parent to your child, including getting yourself educated about the processes and following the steps, until now (6 years after the fact). That you didn't bother to find out about those steps and processes until now is all on you. If you've got any hope of salvaging the parental train wreck you've allowed to happen, you need to be sitting in the officers of a local family law attorney TODAY - this isn't something that'll get solved or moved forward online.