Quote:
Originally Posted by missingmyboy
In a nut shell I am living in Oregon and 2 years ago i was going through some medical problems. I called my Aunt up and asked if she could help with my son, she lived in Kanasas. She said that would be fine. I signed over temp. guardenship of my son so they could get medical treatment and things while he was out there. On different occassions I asked for them to return my son to me and they refused to. Finally I drove out there to pick him up and they refused to give him to me. They filed a motion in juvenille court to maintain custody of him. The judge gave it to them. She is in the military. I am a single mother and did not have the money to get an attorney so one was provided to me. That was a joke. I have never had abuse charges or children service involved in my life but yet my aunt claimed all of these things. I worked with the interstate case workers to get him home and even Oregon said that they had jurisdiction over my son and still Kanasas would not send him home. There were family members here that were willing to work with children services to keep us together and still Kanasas said no. They said I need a full time job, and home, parenting classes, a mental evalution all I did and in the end they said to bad. In a desperate plea I left Oregon and went to Kanasas to try and get him back there and they stripped me of my rights. I came back to Oregon and my Aunt has stopped all communication with me and my son. I want to know can I get him back what can I do??
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You are walking through a legal minefield. Alot depends on the terms of the temporary guardianship---does it state that after a certain amount of time, that your rights will be terminated if you do not reclaim the child?
You also state they "stripped me of my rights"---what exactly does the document state? And on what grounds did they terminate your rights--if in fact, they did? Where is the father of the child? Is it possible the two of you can join forces to reclaim him? Also you do not state how old the child is. If he is above a certain age, such as 13 in some states, he may have a "say" in where he lives and who he lives with.
Also, the question of how you are going to care for him is relevant. Do you have a steady job? How long have you had it? Do you have a home suitable for a child of his age? What support structure do you have in your life now that you did not have at the time you relinquished custody?
Furthermore, you state you had "medical problems". If these "problems" were drug or substance abuse problems, you may be fighting an uphill battle. Jurisdictionally, this is one that needs to be fought where the child lives---you should bring the action there since trying to enforce an order where you live across state lines is difficult, if not impossible, since the courts in the two states can rule against one another.
While your case is a bit different since the guardians for the child are not one of his natural parents, this site has some interesting reading on inter-state custody battles that may be helpful.
The Basics of Interstate Custody Laws - Associated Content
You are going to have to hire an attorney---bottom line. If they are in violation of the previous agreement ( which appears they are not since a judge has continually ruled in their favor ) perhaps grounds for criminal charges may be brought-----but that is a very small possibility without there being some violation of the original agreement. In this case, unfortunately, possession really IS 9/10ths of the law.