Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
