QUESTION

What will be my best option to have legal child custody of my child?

Asked on Sep 26th, 2013 on Family Law - Idaho
More details to this question:
I have a child with my ex; currently we are still both living with his parents. We went to a bank notary and gave his parents temporary custody of our daughter. First, is that even legally binding or legal? Secondly, if I move out without my daughter until I get stable, can they call that abandonment? The "custody" agreement is only for a year, but I'm trying to get on my feet and don't want to be blindsided if they decide to try to keep her from me. I trusted them, they said everything was legal but the way they've been treating me lately, I'm having major doubts.
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4 ANSWERS

Criminal Law Attorney serving Columbia, MO
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This is a complex issue that should be addressed only after more information is obtained. While I certainly understand why you posted the question on a website, the best advice I can give you is to speak to an attorney who regularly practices in this area.
Answered on Sep 27th, 2013 at 12:50 PM

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Bruce Provda
You should consult with your own attorney so that no missteps are taken. They are not looking out for your interest.
Answered on Sep 27th, 2013 at 11:29 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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To answer your questions: I have a child with my ex; currently we are still both living with his parents. We went to a bank notary and gave his parents temporary custody of our daughter. First, is that even legally binding or legal? It's legal, meaning there's nothing illegal about it, but it's not necessarily legally binding. Secondly, if I move out without my daughter until I get stable, can they call that abandonment? Yes, even if they lie when they claim you abandoned her. Courts find it easy to believe you abandoned the child, as opposed to left her with your parents temporarily while you get your life in order. Frankly, the situation you set up is a common and typical way that grandparents try to take custody away from the parents, i.e., by claiming "our worthless daughter dumped her kid with us, and we selflessly sacrificed to care for the poor waif, with whom we've formed a loving bond. So now we wish to adopt the child and terminate the mother's parental rights." The "custody" agreement is only for a year, but I'm trying to get on my feet and don't want to be blindsided if they decide to try to keep her from me. I trusted them, they said everything was legal but the way they've been treating me lately, I'm having major doubts. You're wise to have doubts, for the reasons I've covered above.
Answered on Sep 27th, 2013 at 11:11 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It is legal, but it is only as good as long as you consent. When you give them written notice that you are revoking the power of attorney, then they will probably file for guardianship. Prepare for it, but get yourself straight first, then find an attorney that will fight for you to get your child back.
Answered on Sep 27th, 2013 at 10:39 AM

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