Getting my Children Back from my mother

[Ayrehanna]

Back in April I injured my knee. My mother offered to take the children but I refused her offer at first. After going to the doctor and getting my MRI results back I decided to take my mother up on her offer because there was a possibility I would need surgery and I would be out of work for a while. Instead of going throught the courts and paying $300 in Florida to give her Temporary Custody, a friend of mine emailed me the forms for Temporary Guardianship. I took the forms and signed them infront of a notary. I dated the forms to expire in August of next year because my doctor told me that it may take a year for my knee to get better. Fortunately it took me way less than that for my knee to heal and now I want to get my children back with me to live in Kentucky. When I called her to let her know that I wanted her to start packing their things and to get them unenrolled out of school, she told me that I was not allwoed to get them and if I did she would have me arrested for kidnapping. My question is...Are the Temporary Guardianship papers legal enough for her to keep me from getting my children even if they are not signed by a judge?

 

[Duranie]

No, most likely those papers are not legally binding since a judge did not sign it. You should be able to pick up the kids. Stop listening to her. Where is the father here?

 

[Ayrehanna]

The father walked out on us when I was 8 1/2 months pregnant with my youngest daughter and I don't know where he is.

 

[Duranie]

I am not an attorney but since the aunt does not have legal guardianship given to her by a court I do not see why you cannot pick up the child. Call the police if she will not cooperate.

 

[jharris352]

Good News!!!!

The expiration date on a temporary guardianship is when it AUTOMATICALLY EXPIRES. You can revoke them at any time. Further, if they were never validated by a Judge they are little more than a power of attorney where you have given decision making authority to another over your children. It varies from state to state if those papers are even valid for use. Apparently the school system accepted them.

Inform Mom to have your children ready for you when you arrive or you will bring the Police with you and consider charges for interference with custody. Your Mom is TOTALLY wrong and completely without a leg to stand on legally. Your custody can not be interfered with unless a JUDGE changes your custody status. Mom sounds like a real control freak.