Federal Way, WA asked in Family Law and Child Custody for Idaho

Q: My mom filed abandonment and neglect trying to keep my daughter from me, can I go take my daughter back

I am the sole custodian of my daughter I fell ill and was unable to care for my daughter in which my mom gladly took the reins so I could recover in which we knew would be a long road to recovery, and agreed that soon as I was stable and able to bring my daughter bak home that she care for her during my absence. Now she turns 2 the 30th a week from now, and my mom has grown attatched and doesn’t want me to take her home after her birthday so went and filed these papers with the court fabricating this order to obtain emergency temporary custody of my daughter making me out to be the worst mother on earth and bringing every vbad thing I’ve ever done in my life and pushing it into the last 6 months so she could be granted this. My medical treatment required me to return home to Portland so I’ve been back and forth and try to FaceTime nearly every night with me daughter. I am making the trip to Idaho this week and want to take my daughter back can I take her back if I’ve not been served

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: If you were ill and left your daughter in your mother's care while you recovered, then your mother probably bonded to your daughter, her granddaughter, while you were in Portland recovering. The ONLY thing keeping you from going to your mother's home and walking up to the door saying, "please give my daughter to me," is whatever papers your mother filed. I'm just guessing but I'm assuming that your mother filed a "Petition for Guardianship of Minor." This Petition required her to give information relevant to your daughter's "best interests." The Court then considered the Petition and granted "Temporary Guardianship" papers to your mom. Now, what you must do is get an experienced attorney to challenge the Petition your mother filed. Believe it or not, it is not as important that you are the natural mother of your daughter as is it to consider "what is in your daughter's best interests now?" You not only need to challenge the Petition and the things in it said about you, but you must prove to the Magistrate that RIGHT NOW, it is in your daughter's best interests, that she be returned to you! Good luck to you!

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