Bit of a messy situation. Mom has full custody of my sister and she was incarcerated. Since then, I and my grandparents have taken care of her and my other siblings. He’s been made aware of the situation and even said he doesn’t have the time to take care of her. This weekend he didn’t bring her back home nor did he take her to school. I informed him that she is legally required to go to school, plus she’s special needs, so it is important that she attends and stays in that school at least for the remainder of the year since her IEP fits all her needs. He has not answered any calls or texts. My grandparents have a guardianship court date scheduled next month (the process has taken very long). Since guardianship has taken so long, my grandparents and I have POA and I have been making all the necessary decisions. I have called for a wellness check. I understand that in the situation we’re in he does have rights over his daughter, but he took her out of her residence without the intention of letting anyone know and refuses to communicate. When we showed up to his address, he simply stated that his lawyer told him he doesn’t have to give her back and we’re waiting for an officer to respond. Edit to add: not sure if it’s relevant, but he doesn’t even know what school she attends or her pediatrician. Again, I understand that he does have rights to his daughter because my mom is away. I am more concerned for her well-being and the fact that he didn’t even warn any of us.
Usually, the other parent becomes the default custodial parent when the primary parent is unavailable (jail, medically incapacitated, dead, etc.). Your grandparents cannot wait for the guardianship hearing. They need to contact their attorney tomorrow morning and discuss obtaining emergency orders.
It is crucial to ensure that your sister has a stable environment, especially considering her special needs. The lack of communication from the father adds to the uncertainty. It may be beneficial to gather any documentation that proves your involvement in her care, as this could support your case.
@Josie
Keeping records of all communications with him could also be useful. If he has been unresponsive, that can be presented to the court as part of your argument for why guardianship should be granted sooner.
In situations like this, it is often advisable to consult with a family law attorney who can provide guidance on how to navigate the legal system effectively. Emergency orders may be necessary if you believe your sister is at risk.
@Winter
An attorney can also help clarify the rights that both parents hold, especially given the current custody situation. Understanding these rights is critical for making informed decisions moving forward.
It is concerning that he has taken her without notifying anyone. This behavior could be seen as neglect, especially since you have been actively caring for her and ensuring her needs are met.
Usha said:
It is concerning that he has taken her without notifying anyone. This behavior could be seen as neglect, especially since you have been actively caring for her and ensuring her needs are met.
If your grandparents have POA, this may strengthen your position. It shows that there is a legal framework in place that acknowledges your role in her life, which could be beneficial in court.
The wellness check is a good step, but it may take time for law enforcement to respond. It is important to continue advocating for your sister’s needs in the meantime.
Keep in mind that the father may try to assert his rights, but the court typically prioritizes the child’s best interests. Document everything and be prepared to present your case clearly.
Kirby said:
Keep in mind that the father may try to assert his rights, but the court typically prioritizes the child’s best interests. Document everything and be prepared to present your case clearly.
It might also be helpful to reach out to local child welfare organizations for additional support and resources. They can provide guidance on how to navigate these complex situations.
It is worrying that he does not know basic information about your sister’s schooling or healthcare. This could be a pivotal point in arguing for guardianship, as it shows a lack of involvement on his part.
Your sister’s well-being should be the primary focus. It might be beneficial to have a plan in place for her education and healthcare, regardless of the current custody situation.
As the guardianship hearing approaches, it would be wise to prepare your case thoroughly. Collect evidence of your caregiving and any communications with the father.
Understanding the specifics of your state’s custody laws will be important. Each state has different statutes regarding custody and guardianship, so make sure to research what applies in your situation.
If the father refuses to communicate, it may be seen as a failure to cooperate, which could play in your favor during the guardianship hearing. Maintain your focus on what is best for your sister.
It might also be worth considering how this situation impacts your sister emotionally. Stability and continuity in her life are crucial, especially given her special needs.
Stay persistent in your efforts. The longer you wait for the guardianship hearing, the more critical it becomes to take proactive steps to secure her well-being.
Having a strong support network is essential. Lean on your grandparents and any other family members who can assist you in this challenging time.
Consider preparing an emergency action plan that outlines what you will do if the father continues to refuse to return her. This can help you feel more in control of the situation.