my daughter

[maria alissa]

texas,just like to ask what right doese my mother have
over my daughter of 4yrs old.you see she lives in n.y.
and i live here.hade some problems and needed help from
my mom.its been 3yrs and10 months since isaw her.she
says it will hurt her now if i take her from their.she
has none of her shots and is sick.do i have any rights over her to do something.i went over their to bring her back when
she was six months.and was told i couldnt take her.what
can i do.mother being stuborn and selfish,and i guess
im the same way.i refuse to send her any money.please help
me thank you.. mari?

 

[I AM ALWAYS LIABLE]

My response:

Perhaps it's just me, and I need more coffee, or something, but your post is confusing to me. You've got too many "over there's", and no shots, and wherevers and whatevers. Who is telling you to do what ? Who is telling you to go where ?

Try to think clearly, and write clearly. We don't know the story (we weren't there) so, while trying to be brief, try to write complete sentences and convey complete thought patterns.

We're here to help, if we can, but fighting with grammar and spelling problems only adds to the problems that we have in trying to understand you, and then to research a legal answer.

Thank you.

IAAL

 

[maria alissa]

just want to know if i can get her back,or do i need to get a lawyer.i know its a long story.But mother dosent want
to return my daughter she says i have no right because i
dont support her.is this true.do i have a right over my
daughter or dont i.hope this helps probably not.

 

[Ambr]

a shot in the dark with this one.

you live in texas.
grandmother (your mom) and your child live in ny.

you voluntarily gave the child to your mother.
you have not seen the child in 3 years and 10 months.

the grandmother has not given the child vaccinations and the child is ill.

you attempted to retrieve the child 6 months ago and was refused.

you are not paying support of any kind to your mother.

========================================================

if i got the story straight. i have a few questions.

(1) did you at any time sign any papers giving temporary custody or custody to your mother?

(2) have you had any contact with the child since you gave the child to the grandmother? at all??? phone, etc.

(3) what proof do you have the child has not received vaccinations? (this could be medical neglect, so you will need proof)

(4) is there a support order in place?

 

[I AM ALWAYS LIABLE]

My response:

Thanks Ambr, for coming to the rescue on this one.

I was really having some trouble. I hope that you get a response, and can help.

IAAL

 

[maria alissa]

you hit it right on the nose.I gave her temporary custody for I think not sure six months after that the paper is no good .temporary guardine of my daughter.My sister called today and told me she was sick or is sick and has no shots
thats all the proof i have.and yes just recently I started
communicating with her,through my sister.I've even send
photos to her.when she was six months old i went to see her
and was refused to take her with me.yes i dont support
her in anyway.because i dont agree with the situation

 

[Ambr]

may i make the suggestion of contacting a local attorney for a consultation?

i can see a few problems with this one - and remember, i am not an attorney (this is solely from my experience with the court system and from talking with others).

when you gave your mother temporary custody and then walked off - i could see where you mother could possibly get an abandonment case out of it. then suddenly you reappear and want back in the child's life.

i would really suggest a local attorney and soon. the longer you wait, the harder it is going to be.

 

[maria alissa]

thank you very much for your words.I thought i might not
really need one.I dont want to get one, at least not just yet.just your advice can i just go and pick her up.
by the way this isnt the first time ive spoken to my
daughter.when my dear mother gets upset at what i say
she just quits speaking to me.she still thinks im that
little girl she raised.right now she has nothing saying
that she is temporary guardiane because i have not given
her one.This lady is expecting me to leave my life
in texas,to stay their so my daughter can adjust to me.
I feel this is wrong.You see i have three other daughters
to take care of.I have no one here in texas,nobody.All i
want is to have my family whole.And to stay far as possible
as i can from my mother.SORRY FOR RAMBLING...

 

[Ambr]

if you want an honest answer, if i were your mother, i would have went through the courts a long time ago and got an emergency order for custody.

by all rights, with no contact for over 3 years - it will be your word against hers and you will have to prove it - she could have claimed that you abandoned the child.

if you are wanting to do this without the courts - couldn't you (for the sake of your daughter) go to ny and do an adjusted time. sit down with her mother and talk. we will do this amount of time and add more time until your daughter is comfortable with you. this would be good for the child too. you may be the biomom, but your mother is who has raised her.

just an thought

good luck!

ambr