Mother vs mother

[AMAPeralta]

Jurisdiction

California

Hello my question that I would like advice with is about temporary guardianship. Over the past 4 months my mother decided my children go live with her, I lost a job that I just started and my father who was in the hospital sick passed away. My father started to get very sick and my mom came up with the theory of writing a letter that states in the events of something tragic to happen to me she wanted me to leave her "guardianship". She is my mother so I figure sure why not. My mother then takes me into a notary to get the papers signed. I remember crying that day because somethinf didnt feel right n i just felt like i coukd not trust my mother. The next few months goes by I am at home and my children are with their father. By the way me and their father are no longer together. Their father and I spoke and kept visitations 50/50 with no problems. A few days before Christmas my mother calls me asking where are the kids and why the hell are they with their father. I told her it's his day he will drop them off tomorrow morning. After I told her that she became hysterical and threatened to have the police take them from their fathers home. She ignored my phone calls all night that night. I even recirece a call from their father he was crying telling me the cops forced their was in to his home as the children and him were watching Christmas movies. I told him I'm sorry and I didn't know why my mother was doing that. Since that day I became emotionally disdraught, I lost my job, I became depressed, my father was dying and now my children were taken from me. December 2017 is when this all happened since then I have not even spoken on the phone or even seen my babies. My mother and my sister Kelly ran rumors that I became schizophrenic and that I was "a danger" to the children. My mother, brother and three youngest sisters bashed my name into the ground wrongfully took my children from me and cause this situation to get out of hand. An important piece of information is according to her words I have all rights to see, talk, live with my children but that is a false statement. Since then she has filed a prevention of Domestic Violence against me. I didn't ever receive any copies of the temporary guardianship, and it feels like she's been toying with my emotions. There's so much more information but I just need advice to get my ball rolling. According to my mother she did all this because I chose to keep their father in their life.

 

[zddoodah]

I just need advice to get my ball rolling.

While your post is quite long, there's really no useful information in it. Police don't do what you seem to be claiming they did just because a grandmother is "hysterical" and talks smack. You vaguely alluded to a DV proceeding, but ultimately you provided no real information. Therefore, the only thing anyone here can tell you is that you and the children's father need to be speaking with a local attorney (and should have started doing so four months ago when all this happened).

 

[army judge]

me to leave her "guardianship". She is my mother so I figure sure why not. My mother then takes me into a notary to get the papers signed.

If you think or believe you csan simply pass OWNERSHIP of children to another person (even your mother) by signing a paper before a notary, you're mistaken.

If you signed such a paper, you gave away nothing.

If you are the birth mother to children you birthed while living with (but NOT married to) a male, ONLY YOU --- AND YOU ALONE possess ALL parental rights to the children emanating from your birth canal to become living, breathing human beings.

Bottom line, YOU are the ONLY person on this planet possessing sole and primary custody of YOUR children.

Your mother has NO custodial rights to your children, and the unmarried man you call their father, has no rights to your children either.

I suggest you gather up certified copies of the birth certificates of YOUR children, leave your mother's house, call the police and ask for a civil standby at the address your children are being held hostage so that you can collect your children and live with whomever you wish, hopefully at your own apartment or a womens and childrens shelter until someone can assist you with obtaining housing for you and your babies.

If you live in CA, I'm sure there is plenty of state and federal aid available to fathers and/or mothers in your delicate position.

 

[leslie82]

Hello my question that I would like advice with is about temporary guardianship. Over the past 4 months my mother decided my children go live with her, I lost a job that I just started and my father who was in the hospital sick passed away. My father started to get very sick and my mom came up with the theory of writing a letter that states in the events of something tragic to happen to me she wanted me to leave her "guardianship". She is my mother so I figure sure why not. My mother then takes me into a notary to get the papers signed. I remember crying that day because somethinf didnt feel right n i just felt like i coukd not trust my mother. The next few months goes by I am at home and my children are with their father. By the way me and their father are no longer together. Their father and I spoke and kept visitations 50/50 with no problems. A few days before Christmas my mother calls me asking where are the kids and why the hell are they with their father. I told her it's his day he will drop them off tomorrow morning. After I told her that she became hysterical and threatened to have the police take them from their fathers home. She ignored my phone calls all night that night. I even recirece a call from their father he was crying telling me the cops forced their was in to his home as the children and him were watching Christmas movies. I told him I'm sorry and I didn't know why my mother was doing that. Since that day I became emotionally disdraught, I lost my job, I became depressed, my father was dying and now my children were taken from me. December 2017 is when this all happened since then I have not even spoken on the phone or even seen my babies. My mother and my sister Kelly ran rumors that I became schizophrenic and that I was "a danger" to the children. My mother, brother and three youngest sisters bashed my name into the ground wrongfully took my children from me and cause this situation to get out of hand. An important piece of information is according to her words I have all rights to see, talk, live with my children but that is a false statement. Since then she has filed a prevention of Domestic Violence against me. I didn't ever receive any copies of the temporary guardianship, and it feels like she's been toying with my emotions. There's so much more information but I just need advice to get my ball rolling. According to my mother she did all this because I chose to keep their father in their life.

How did your mother decide your children should live with her? Did you go to court and assign her as a guardian? If you didn't go through the court, nothing that you two wrote up between each other is going to be valid.

How did the police just take the kids? Was there some kind of court order? Your mother couldn't have just called the police and ordered them to take the kids. You're leaving something out.

Do you have a court order for visitation with the father and yourself?

You need a lawyer - yesterday. But I would have went and gone to my mother's and took my kids. If she said no and said she's guardian I'd demand the court papers. If she couldn't produce anything I would have called the police.

It sounds like your mother has no rights to have your kids and you can just go get them honestly. This sounds like some craziness.

 

[AMAPeralta]

While your post is quite long, there's really no useful information in it. Police don't do what you seem to be claiming they did just because a grandmother is "hysterical" and talks smack. You vaguely alluded to a DV proceeding, but ultimately you provided no real information. Therefore, the only thing anyone here can tell you is that you and the children's father need to be speaking with a local attorney (and should have started doing so four months ago when all this happened).

He has been. He already filed stating all of the misconduct he has gone through. Also I believe he's put in to terminate temp guardianship

 

[AMAPeralta]

How did your mother decide your children should live with her? Did you go to court and assign her as a guardian? If you didn't go through the court, nothing that you two wrote up between each other is going to be valid.

How did the police just take the kids? Was there some kind of court order? Your mother couldn't have just called the police and ordered them to take the kids. You're leaving something out.

Do you have a court order for visitation with the father and yourself?

You need a lawyer - yesterday. But I would have went and gone to my mother's and took my kids. If she said no and said she's guardian I'd demand the court papers. If she couldn't produce anything I would have called the police.

It sounds like your mother has no rights to have your kids and you can just go get them honestly. This sounds like some craziness.

Thank you. I have asked her for papers I have stated many things to her. I just might do as you said. She has not kept me informed in any of that. I've told her I never received any copies I have asked her why she thinks what she is doing is ok. She said it's because she don't want their father in their lives. I'm looking for a lawyer... She also did this 17 years ago to my aunty and my cousin when she was a baby.

 

[AMAPeralta]

If you think or believe you csan simply pass OWNERSHIP of children to another person (even your mother) by signing a paper before a notary, you're mistaken.

If you signed such a paper, you gave away nothing.

If you are the birth mother to children you birthed while living with (but NOT married to) a male, ONLY YOU --- AND YOU ALONE possess ALL parental rights to the children emanating from your birth canal to become living, breathing human beings.

Bottom line, YOU are the ONLY person on this planet possessing sole and primary custody of YOUR children.

Your mother has NO custodial rights to your children, and the unmarried man you call their father, has no rights to your children either.

I suggest you gather up certified copies of the birth certificates of YOUR children, leave your mother's house, call the police and ask for a civil standby at the address your children are being held hostage so that you can collect your children and live with whomever you wish, hopefully at your own apartment or a womens and childrens shelter until someone can assist you with obtaining housing for you and your babies.

If you live in CA, I'm sure there is plenty of state and federal aid available to fathers and/or mothers in your delicate position.

Thank you so much for the information... I have been asking everyone for help.i appreciate this.

 

[mightymoose]

The notarized papers are useless.

If you want your kids you can go get them any time you want unless there is a court order preventing you from doing so.

 

[AMAPeralta]

The notarized papers are useless.

If you want your kids you can go get them any time you want unless there is a court order preventing you from doing so.

Thank u

 

[leslie82]

Thank you. I have asked her for papers I have stated many things to her. I just might do as you said. She has not kept me informed in any of that. I've told her I never received any copies I have asked her why she thinks what she is doing is ok. She said it's because she don't want their father in their lives. I'm looking for a lawyer... She also did this 17 years ago to my aunty and my cousin when she was a baby.

If she doesn't have a court order and she can't produce it then GO GET YOUR KIDS. Today. Go get them. You don't need her permission. I would ask the police to be there just so nothing gets out of hand. But go get your kids.