I need advice,ASAP

[daniellenicole]

I let my oldest daughter stay with aunt while I got on my feet.Well it took longer then I thought and she started school.So I was going to let her finish the school year but things aren't working out.

My daughter called crying say she hates it there and her aunt said she was just going to drop her off at a family member of mine who is a drunk.I'm not getting the full story.But neither is happy.

So go down there as I could.(Which is a 3 hour drive).And my daughter won't come with me.After talking with her for a hour.I try to drag her out.Her aunt was no help and was trying to confuse her.

Her aunt has no legal custody or guardianship over her.

So I get fed up and call the cops.They send the Sheriff out cause its in the country or something.And they tell me they can't make my daughter go with me unless I have a court order.I'm so confused cause the aunt has no legal anything for my daughter.

I'm so confused!!What court order are they talking about?And why do I have to go threw this if the aunt is tired of her being there???

 

[Proserpina]

Go and get your child.

If the Aunt has no court ordered guardianship or custody, she has no right to keep your child from you.

Take your ID, take your daughter's birth certificate and get yourself down there. If you have to call the police again, show them both, and demand that the Aunt show ANY documentation proving that she has any rights to your daughter.

Tell your daughter that BOTH of them could end up in serious legal trouble if she doesn't return home with you.

 

[army judge]

I let my oldest daughter stay with aunt while I got on my feet.Well it took longer then I thought and she started school.So I was going to let her finish the school year but things aren't working out.

My daughter called crying say she hates it there and her aunt said she was just going to drop her off at a family member of mine who is a drunk.I'm not getting the full story.But neither is happy.

So go down there as I could.(Which is a 3 hour drive).And my daughter won't come with me.After talking with her for a hour.I try to drag her out.Her aunt was no help and was trying to confuse her.

Her aunt has no legal custody or guardianship over her.

So I get fed up and call the cops.They send the Sheriff out cause its in the country or something.And they tell me they can't make my daughter go with me unless I have a court order.I'm so confused cause the aunt has no legal anything for my daughter.

I'm so confused!!What court order are they talking about?And why do I have to go threw this if the aunt is tired of her being there???

When you allowed your daughter to stay with her great-aunt, did you do it with a handshake?
Or, did you go to court and give her temporary custody?

Does your aunt receive any money from any source (other than you) for taking care of your daughter?
How long has your daughter been living with your aunt?

Where is the child's father?

Do you have sole, legal and physical custody of your daughter?
If not, what custody arrangements are in place for you, as regards your daughter?
How long have you had such custody?

Have you ever LOST custody of your child?

I'm not being nosy.
I need this information to accurately assist you.

So far, Proserpina's advice is correct
That's what confuses me about the police and their reaction subsequent to your "911" call.

 

[daniellenicole]

When you allowed your daughter to stay with her great-aunt, did you do it with a handshake?
Or, did you go to court and give her temporary custody?Nothing has ever went to court.I live 3 hours away and she never filed papers.

Does your aunt receive any money from any source (other than you) for taking care of your daughter?She gets food stamps I think.
How long has your daughter been living with your aunt?Since June.I have been on my feet since the middle of middle of August.But she had already been signed up for school.(Which I even had to help with.)

Where is the child's father?He is a drunk/crack head.And has been in prison for abusing his son(whos not mine.its his other baby mom).

Do you have sole, legal and physical custody of your daughter?Nothing has ever been to court.I have always been the only one to take care of her.
If not, what custody arrangements are in place for you, as regards your daughter?
How long have you had such custody?

Have you ever LOST custody of your child?I have never,ever been to court for any custody issues with my daughter.

Thats why i'm confused.

 

[Proserpina]

Then you are legally the child's ONLY custodian.

You do not need a court order to retrieve your daughter; you are by default the only legal guardian of this child.

If you are refused again (and if the police won't help you), file immediately in court for temporary custody pending a full custody hearing. Call the court-house and the clerk can tell you which forms you need - you can do this yourself.

I do think it's shoddy if you have to actually do this, but court orders do protect you - now and in the future.

Good luck.

 

[daniellenicole]

Well i'm leaving bright and early to go get her in case I run into trouble with the cops again!I need all the luck I can get cause i'm a nervous wreck over this.

 

[army judge]

Then you are legally the child's ONLY custodian.

You do not need a court order to retrieve your daughter; you are by default the only legal guardian of this child.

If you are refused again (and if the police won't help you), file immediately in court for temporary custody pending a full custody hearing. Call the court-house and the clerk can tell you which forms you need - you can do this yourself.

I do think it's shoddy if you have to actually do this, but court orders do protect you - now and in the future.

Good luck.

Proserpina is correct.

But, before you go to pick up your child, take her birth certificate, your proof of identity, health insurance cards, and any other things that prove your identity and that she is your daughter.

Go direct to teh sheriff's office and ask for a sheriff to meet you at your aunt's home to retrieve your daughter.

If you are listed as her parent on her school records, you can also go to school and take her out.
Take the same documentation as above, and tell the school officials you are moving her back to your home.
You will enroll her in a school in your city.
make sure you do that the next day!

This way you can avoid your aunt's involvement altogether!