My Parents Filed for Guardianship of my Child While I was Incarcerated and now They Refuse to let me See her, What Should I do?
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Summary
Me & my daughters father fell upon hard times so I took our daughter to my parents and asked them to look after her they said they would no problem, shortly after this myself and her father were incarcerated myself for 5 months during the first months of my incarceration my stepfather and mother informed me they got guardianship of my daughter, myself or her father were never notified or served any papers, nothing, my parents knew our whereabouts at this time. I need to see my daughter what should I do what are my rights I cannot afford an attorney. |
“Me & my daughters father fell upon hard times so I took our daughter to my parents and asked them to look after her they said they would no problem, shortly after this myself and her father were incarcerated myself for 5 months during the first months of my incarceration my stepfather and mother informed me they got guardianship of my daughter, myself or her father were never notified or served any papers, nothing, my parents knew our whereabouts at this time. Upon my release I called my parents house spoke a little with my sister, my parents were not home, I left a message I would call back, shortly after this my stepfather called my number back totally irate, screaming, yelling, threatening me not to ever call and do not come near or he will have me arrested said he has a restraining against me and hung up. his attitude was a complete shock to me, the crime I was in jail for was GTA . I need to see my daughter what should I do what are my rights I cannot afford an attorney.”
You will need to proceed in the guardianship (juvenile court?) case. If there is a chance for reunification services, that is what you will be looking for. Restraining orders are serious court orders and any violation of one of those could get you jail time, get some of your probation time back from the boosting cars episode, and restrict you ability to see your daughter in the future. Whether or not a Court has terminated your parental rights will make a difference as to your current and future rights vis a vis your daughter.
You have a lot of issues here. You may be able to get legal assistance through the County Bar Association or local pro bono project if your income is below a certain amount.
Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!
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For more on this subject check out these categories: Child Custody, Family Law
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.