Q: Can my mom get cutody of my daughter?
My husband and i had to move to oregon and we trusted my mom to watch our daughter. We printed out a form and signed it that said pretty much she can sign for anything but she went behind my back and filed for custody. It was only suppose to be temporary till we got jobs and a place to stay as soon as we told her we would come to get her soon she said no i filed for custody. Shes lying like crazy saying we do and sell hard drugs and even sent someone to my in laws asking for my husband by name cuz apparently he owed him a dime bag of coke. We have never even touched the stuff. Shes been defrauding the government for about 20 year. My daughter is only 2 and i just want her back. She wont even let me talk to her. What do i do?
A: It sounds like your daughter is not in Oregon so the laws of the State where your daughter has been living will apply. So you will need to talk to a lawyer in that State. Most likely you won't have a problem. Biological parents have a constitutionally protected right to have custody of their children an raise them. The only time that this right can be interfered with is upon a showing that the parents can't take care of their child. Talk to a lawyer in the State where your child is currently living. Make sure there has been nothing filed in the court and no orders giving your mother any rights, ie an order that a Judge signed. I suspect you can just go an pick up your daughter and if your mother refuses to release her you can all the police and tell them that your mother is interfering with your custody. But I can't warn you enough that you have to talk to an attorney in the State where your daughter lives first and make sure that these assumptions are correct.
A: PS if there is a court ordered guardianship placing your child with your mother then you will have to get a court order to take your child.
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