Q: I'm a single mother to my 7 year old daughter. Late August 2023.
I was evicted from my house due to loosing my job and I also had a warrant for my arrested due to not showing up to court. Me and my daughters grandmother (father's mother) had an agreement she would care for her until I get back on my feet. She demanded guardianship after two weeks and I said no and would not sign any papers. I tried to get her back and the cops were called, I was scared because I had warrant so I left. Grandmother then removed her from school and enrolled her into one near her house. Grandmother said once I take care of warrant, get a job and find a place to live she would return her. Meanwhile during that time she said there was a no contact order between me and my daughter. I never received any paperwork or got notices. I've taken care of warrant, found a job and a place to live. She will not give my daughter back because "judge has to approve it first" never till this day have I seen paperwork. Is she lying, can I get my daughter if police come with me?
A:
In your situation, it's crucial to understand the legal standing of the grandmother's guardianship claim and the purported no-contact order. If you haven't signed any legal documents granting guardianship and have not been served with any court orders, it's possible that the grandmother does not have legal custody of your daughter. However, without seeing any paperwork or court orders, it's challenging to determine the legitimacy of her claims.
The assertion that a judge needs to approve the return of your daughter may not be accurate unless there's an official court order in place. Since you mentioned not receiving any paperwork, it raises questions about the legal validity of the grandmother's actions.
Your best course of action is to seek legal assistance immediately. A lawyer can help you understand your rights and the legal process for regaining custody of your daughter. They can also assist in verifying the existence of any court orders and guide you on how to proceed legally.
Involving law enforcement without a clear understanding of the legal status may not be advisable. Police typically require court orders or evidence of legal guardianship before intervening in custody disputes. A lawyer can help in determining if involving law enforcement is a viable option based on your specific circumstances.
Remember, every situation is unique and requires personalized legal advice. It's important to act quickly to address this matter with the appropriate legal support.
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