Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
i need some help please ASAP on custody papers?
Sorry about the hole story thing but it will make it easier to understand my questions.i got in to some trouble when i was 16 and i wound up on probation for it. A few months me and my children Father got in to a really bad fight and he went to jail for putting a knife to my throat in the presents of our 2 young children. After he went to jail is parents kicked me and my kids out on the streets. I called my sister and told her what was going on (At the time i trusted her cause i thought we we close) she told me that she ws calling to see if my girls could got to her girlfriends kids birthday party and they were going to stay for the weekend.i told her that that was great cause that would give me a chance to go out and find a hose to move in to i had the money for everything and the next day after she picked them up i was served with a restraining order that the judge dismissed she did it so that she could get temporary custody of my kids about a month later still on probation i did not know that i could not move out of the parish and i moved down south to gueydan la and it violated my probation and i went to jail for 14 months and did my probation in jail. While i was in jail my sister came to me with custody papers andi was told that if I did not sign the papers my kids would go to the states custody i was only18 at the time and i was in jail i knew nothing about any laws andi couldn't get a lawyer. I was in distress when i signed the papers. well its 3 years later and I have grown up a lot.today my sister got into an altercation with my children's father and he tried t rip my youngest out of her car seat. well she called the cops and i found out that the custody papers that she has r not signed by a judge all they have on them is my signature and a notary seal stamp and she is wanting me to go to court with her and get new papers drawn up and get a judges signature but i don't want to put my signature on the papers i want my kids back
ok now to my questions now that u have some insight on whats going on and you know how se got them.
QUESTION 1. Do I have to sign the papers a second time?
QUESTION 2. How do i go about the under distress when i signed the papers?
QUESTION 3. Are the papers she has right now still legal with out them having a judges signature on them?
1 Answer
- CaCO3GirlLv 79 years ago
Your sister couldn't have gotten custody...guardianship yes, but not custody unless your rights were terminated, and they weren't.
I would not sign the papers a second time...and if asked why I signed them the first time I would flat out say "I was told if I didn't sign my kids would go to foster care, and I didn't want that, and then I needed some time to straighten my life out so I could be a good mom, and I have and I want my kids back."
I could draw up papers today saying that I have custody of your kids, but unless it is actually signed by a Judge it doesn't mean anything. What you have to understand is that Judge's have to sign all custody papers, even the one's that are simple and mom and dad agree on everything, because only a Judge can say if 1. It is legal in their county the way it is written, and 2. If it is in the best interest of the child.
Judge's are all about what is in the best interest of the child, AND, Judge's are all about who actually has to legal right to the child.
If I were you I would go and pick up my kids...see dad was not married to you, he has no legal right, but you have default custody being the bio mom, until someone else takes it to court to remove that it is yours! Now the sister will call the police...and they likely won't take the children from her, but then you take that police report and go to the court house and file for emergency custody of the children, and it would help a LOT if it was you and the dad filing....work out a plan for your own kids and how you want them to live and technically speaking you 2 are the only people who have the right to do that....your sister shouldn't even be in it.
