lundi 20 février 2017

Custody and Visitation Issues: The Lady Who Had Permanent Custody Gave My Daughter to Someone else 2 Year Ago

My question involves a child custody case from the State of:

I will try to briefly explain this as I can. I am an alcoholic (sober 1 year 8 months) and was married to an addict. We are now divorced and have not seen eachother in 2 years. My life started getting better when I finally broke away and was then able to concentrate on my sobriety. He is currently incarcerated. His mother (my mother in law) was granted temporary custody and we had visitation regularly during that time. When a year had past, we were to resume custody of our daughter, then 4 years old. His mother stopped answering any of my phone calls, letters, and let me have zero access to my daughter. I had to move to another state. A little over a year ago I was able to go to the court house and get the last court order which gave her permanent custody, asked for $250 a month child support from me as well as the father, and visitation "Shall" be granted as mother in law saw fit. For over a year and a half I have paid the child support and made every attempt other than showing up on the doorstep to be granted my visitation. I have been completely ignore except for when they sign for the child support which I send certified. I file a rule to show cause pro-se and was awarded a day in court. It was supposed to be last November 28th. Before the court date came, I was served papers that my sister in law now had physical custody and was filing to terminate my parental rights and the court date was set for December 15th. At court, the judge was not happy that my mother in law had given my daughter to my sister in law and had not reported this change to the courts or anybody. Nor was he happy that I had been given no access to the child via phone, letters or anything in now going on 4 years. My mother in law just merely handed her over to my sister in lawa because she became to ill to care for her. The judge appointed a guardian ad litem and each my sister in law and myself had to pay half of his retainer. Meanwhile my sister in laws attorney is soliciting me to allow my sister in law to adopt my daughter and that then they wouldn't terminate my rights and would allow me to visit with my daughter. I in no way trust this. They have been avoiding me for 4 years. My mother in law also died 3 weeks ago. I was told that a permanent order cannot be changed and at best I could get visitation when we still thought my mother in law had custody. Now, it is just a temporary custody order for my sister in law now. I feel like if I had been given my court ordered visitation all along, if my mother in law had become to ill, and I was on my feet and in recovery, then I could have been next in line to get her back. I think this is why they purposely did not tell the courts that 2 years ago, they let my daughter go live with my sister in law.
What are my rights now? Can I get her back? I feel so in the dark because I do not have an attorney. It took everything I had to pay the GAL his 2,500 (half of the retainer). I am a school teacher with a BS and MA in education and I work every day with children yet I have not seen my own daughter in nearly 4 years. Right now, I want to see my daughter. But in the end, I would like to do whatever I have to, to show that I am fit and able to care for her full time. My sister in law should have never had her however simply because she has had physical custody without a court order, she could very well end up getting to keep her. But it was only because I didn't know and they completely shut me out of her life.
Anything anyone could offer at this point would be appreciated. I have expressed all of this to the GAL. One, I need my daughter to see me. I have no idea what they told her as to why she wasn't seeing me. I do know that they never gave her any of the gifts, letters, cards, etc that I have sent monthly.
Thank you


Custody and Visitation Issues: The Lady Who Had Permanent Custody Gave My Daughter to Someone else 2 Year Ago

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