Legal advice about getting my kids back????

About 3 mths ago I found myself w/out a house/car/little money/etc due to me %26amp; my girlfriend splitting up %26amp; 2 kids ages 3 %26amp; 6 that I didn鈥檛 know how to provide for. So, my mother %26amp; I had a written agreement draw up by my sister who has NO legal expertise stating my mother %26amp; her husband had all rights to my kids for the summer %26amp; 1 full school year. This included all medical decision, school, etc. with me paying no money to them! They are my kids Legal Guardians by those papers but NEVER had a lawyer/judge involved. We then had it notarized. Here 3 mths later I feel I have become stable again. I got a job, renting a 4 bedroom house with a room for the kids, furnished, food in the fridge, a good car %26amp; I鈥檓 able to make all bills with money left over! Seen this agreement was not drawn up by a lawyer but was notarized is there any way legally I can get my kids back from my mom FULL TIME! What do I have to do? What can I do? Could I get them back part time? ADVICE PLEASE!!!!!!Legal advice about getting my kids back????
If you simply gave the a piece of paper stating they have temporarty guardianship of your children, then that is not a legal binding contract. You at anytime can go to your parents house and pick up your children. Take law enforcement with you, if you need to. They can not keep your children from you. You obviously did the best you could at that time, and your parents were good enough to help you out.


Now you are stable you need to go get your children back, the longer you leave them there the more leverage you are giving your parents if they decided to fight you for guardianship. Just because it was noterized give not weight to any kind of legality. The only way it would become a legally bindging custody is if you went to court and gave them custody and a judge orderd it.


I have worked in child protection for over five years, I've seen cases like this. I feel VERY comfortable giving you this advise.


GO GET YOUR CHILDREN, THEY LEGALLY CAN NOT KEEP THEM FROM YOU. YOU STILL HAVE FULL CUSTODY OF THEM!!!





RE: advise under me... you can in fact give temporary guardianship of a child to someone with out a court approval. I'm sure most people have done it.. gone somewhere, you have someone care for you child/ren for a period of time and you sign a paper giving them premission to seek medical attention. That it self is considered temp guardianship.


My sister allowed her daughter to live with me for a period of time and go to school here in my state, she signed a note stating simply that her daughter has her permission to live with me and that I could make any decisions on her behalf, that was enough for me to get her enrolled in school, my husband and myself as guardians, and get her medical. However those are only valid for 6 months so for each 6 months my sister had to send me another one. However during one of the 6 month period she decided she wanted her daughter back. I did seek legal counsel and the information I'm sharing is not only by an attorney's advise to me but I've seen it in many CP cases.


So I'm sorry Mr.Law but I do know what I'm talking about!Legal advice about getting my kids back????
Only a lawyer can help you -- not people on Yahoo.
People can't contract away the custody of their children without court approval. No one here can give you useful legal advice applicable to your particular situation. For that you need to see an attorney.
Have you asked for them yet? That's step one. If they refuse, then....





2) Retain a family law lawyer.


3) Have he/she draw up a court petition to release the children to you.


4) Go before a judge to have it done.
Consult a lawyer, now that you can afford to pay one. Your children's mom may also have rights in the situation and may change her mind as you have. And remember to keep the kids' best interests at heart. Can't you visit with the kids at your mom's house in the meantime? And why did you sign an agreement that you didn't intend to abide by? Is your mom a good and stable influence in their life? Do you have a history of losing jobs or other problems such as drugs or alcohol that may recur?





It may be hard on the kids to be at the center of a tug of war, especially if they are happy where they are and there is a chance your newfound prosperity may not last. You sound impulsive, and your remark about ';food in the fridge'; implies that there have been times in the recent past when there wasn't. Think it over carefully first, then consult a lawyer to find out what your options are.