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Submitted 239 days ago...

danielle1813

danielle1813

New User (6)

If my mother has guardianship, does she have a right to prevent me from having visitation rights

I am a mother of four who has not been able to see her children or speak to them since July 2007 I lost my apartment in 2004 and asked my grandmother to help me by sending my children to a school in her area until I got on my feet, my grandmother without my knowledge sent them to my mother in Kenosha, wi, before school completely ended my mother without any legal authority enrolled them in school and applied for public assistance, when I found out about it I didn’t know where they were, finally I was told when my mother was in need of money, I started at that point trying to get them back, I called the Chicago police, dcfs in Illinois, social workers and the Kenosha sheriffs office to no avail, I went to the house with the sheriffs they stated that because my mother was getting child support that I could not get my children back, although she had no custody, no guardianship or temporary guardianship, I hired an attorney, we went to court and even though the guardian lithem recommended that the children come back with me the judge over ruled her decision. I am not on drugs, or alcohol, their was no evidence of abuse or neglect, child protection services was never involved, but yet I can not get my children back or even see them, my mother got a restraining order on me because I would call the house to check on the children, stating that I was threatening her, I wrote a letter to the court to petition for visitation, I received no response, so I contacted the clerks office,

 
 
 
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Submitted 238 days ago...

tmboring

tmboring

Authority (218)

There has to be more to this story than what you are stating, because a judge won't just overturn a decision with no reason behind it. If you are doing all this and not finding answers to your questions from the courts, someone knows something that you maybe were hoping they wouldn't find out. I don't know the whole story, but something deffinately doesn't sound right here, someone either told stories about you and you don't know it and you'll have to find out what they are so you can fix them. I would suggest getting a new lawyer and get to the root of everything. Good luck to you!

 

This Question was awarded 238 days ago therefore you can no longer post an Answer. However you may post a comment below.

 
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Comment 1 / 9

Submitted 238 days ago...

danielle1813

danielle1813

New User (6)

I was in court their wasnt nothing different added the guardian lithem did recommend it, my lawyer is shock as well, he cant believe it, he just told me that the judge is just dumb he doesnt know what he is doing, i just wanted the question answered can a guardian prevent me from visitation

 

Comment 2 / 9

Submitted 238 days ago...

tmboring

tmboring

Authority (218)

The answer to that would be yes! If there is no legal paperwork stating that you have visitation rights, they don't have to let anyone see the children. I'm sorry for everything that you are having to go through right now, but please remember in the future if you should ever have to do this again (have children live with someone else for a period of time) do everything legal, even if it's just you and the other party signing a statement stating the time frame the children will be away and have it notorized. Good luck to you!

 

Comment 3 / 9

Submitted 237 days ago...

fairisfair

fairisfair

New User (2)

You should be able to get a report of why the GAL's suggestions were not placed as the order. Then you should continue to file for motions to show cause of why you sre not being allowed to see your children. I am assuming that you have a place to stay, and the GAL did make a home visit. If they did not look at your home before the judgement was made I would be shocked. I would go to child sevices and see how they recommend you take steps toward custody being returned to you. I would definately get ahold of the GAL and ask him/her why they think the judge made a ruling that was different from what they suggested. Sounds off, but the court system doesn't always work how it should and for your children that may be devistating. I would not back down. Do not brek the restraining order or any other law, it just makes it harder for you. Ask for supervised visitation to start getting your kids used to you again, then continually aske for more visitation, and more, and more until you can regain all custody. Then get the hell away from your mom!

 

Comment 4 / 9

Submitted 234 days ago...

danielle1813

danielle1813

New User (6)

Thank you fairisfair, this has been a nightmare for me, i went to court to petition the court I filled out paperwork, but the judge want even let me come before him, for another court day, im really against a wall, im paying child support, so its really hard to have to pay a lawyer as well, but im doing it for my children. The gal didnt come to my house and that may be because i live in illinois and the case is in wisconsin, but i have a place to stay and a job and I continue to have insurance for them even though my mother is on public assistance and has a medicaid card

 

Comment 5 / 9

Submitted 210 days ago...

tomturkey

tomturkey

Brain (2,862)

I take it there was a reason your grandmother could not continue to care for the children. You placed the children in her care she had every right to ask your mom for help if she could not take care of them . A grandparent can apply for assistance any time they have their granchildren in their care they could apply as a care giver. Why she did not apply for legal guardianship is beyound me I would have. If the childs parents are unable to be found it would be a little harder to get. I know there must be alot more to this than what your saying it is not likely that the judge would not give you the children back unless there was a good reason also Why did it take you so long from 2004 losing your home until 2007. you still have the right at any time to file for custody back just make sure you have a full time job and a good place to live and maybe take some parenting classes showing the judge your responiable to now care for your children. If your sincere I wish you the best your children need to know their loved. As for the restaining order you would of had to of been served and you could of went to court to defend yourself. If you never showed up then of course the order would of in effect.

 

Comment 6 / 9

Submitted 209 days ago...

danielle1813

danielle1813

New User (6)

Tom turkey my grandmother was in contact with me and she could have told me that she was not able to take care of them, also my mother has a case with dcfs, me and my siblings were legally adopted by my grandmother,my mother was founded on neglect and abuse and she signed away her parental rights, which came up in court,i dont know what else i could possibly be leaving out. this is a cycle, they use children for money reasons, i lost my place do to my brother and i have always worked, as a matter of fact i am working two jobs now and i have my own place, my mother does not work nor does her live in boyfriend and she has not worked for several years, i was molested by my mothers boyfriend at 10 years old and was told by my mother that i was the dog, which is why i am terrified for my three girls. i do not use drugs, alcohol and never have, i have never had any contact with dcfs for abuse or neglect, my mother stated in court that i have never physically abused my children. i know you dont know me and everyone will always assume that it has to be me that the judicial system could not be that corrupt but i know it is i and to answer why it took that long. i have been fighting this long, i have went to the sheriffs office when she didnt have guardianship and because she had a child support order they took that as enough legal documentation giving her rights to have my kids, i have wrote the judicial committe in wisconsin, the senators office and the mayor and govenor of wisconsin. If I felt that i was in the wrong and im leaving things out do you think i would have these departments investigating anything, im trying and eventually i do believe that things will work themselves out, i cant understand, why my mother is doing this, i have always been the rock in my family, whenever someone needed something i am always the one they would call, i have been their for them all, sister and brother, grandmother, cousins and even my uncles and nephews

 

Comment 7 / 9

Submitted 209 days ago...

danielle1813

danielle1813

New User (6)

Let me also rephrase something i lost my place in 2004 my mother took the children the end of that school year, i didnt leave my children with my grandmother for three years, it was not even a full school year, but i have been fighting with kenosha wisconsin that long

 

Comment 8 / 9

Submitted 168 days ago...

glockamory

glockamory

New User (4)

Why don't you just pick them up from school and take them home? If there is no temporary custody or anything except that she has them in her care! This happened with my ex husband years ago, I asked him to help me out for a little while until I got on my feet. He would not give them back and I had 6 kids., an attorney told me to just steal them back! lol! thats what he said, off the record of course because neither of us had custody but he said when I did to then go to a court and get temp. cust before he did! I got a hold of them and told them I would be there after school that day. boy they were ready and waiting they wanted to come home so bad! I can imagine what your going through it is awful to be without your kids! what a crappy mom to do that. (your mom) I know this is probably not good advice, but it is what I was told to do and it worked! I hope you get them back.

 

Comment 9 / 9

Submitted 167 days ago...

danielle1813

danielle1813

New User (6)

Thank you, i wanted to do that too, but i have a 4 yr old that is not in school, so i wouldnt be able to get her but maybe i can get the three to illinois and then file for custody and get her later, is that possible?

 
 

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