Please I need some good advise

[MDFAM]

About a year and half ago me and my boyfriend ended up signing our newborn daughter over to my mom due to some drug problems that we was going through. Now we have been clean for over a year and have our own place and we are also taking care of our baby boy. To make the story short my mom started abusing her prescription drugs and now she is just not the same person that she once was. Due to our falling relationship it is getting really impossible to even see our daughter and be there for her. I also dont know if my daughter is safe anymore. Financially we are ok but not to a point where we can afford a 3000 dollar lawyer to handle our case. We just dont know what to do right now and dont know where to even begin. We really want our girl back but dont have the money to hire a lawyer, We have tried legal aid but no one there seem to even want to help us. Do you think is possible that we can do without a lawyer? Any help or advise would be really appreciated.

[tigger]

When you say "signed over" what exactly did you sign? 

How old are you, your BF, your son and your daughter?  I'm guessing the boy came after the daughter. 

[MDFAM]

I am 21, my boyfriend is 26 and my baby boy is a little over 1 year old. We signed over our custody when my daughter was 3 month old. Now she is almost 2.

[tigger]

So the papers that you signed were legal documents giving your mom full custody (legal and physical) of your daughter?  Did the father sign as well?  Was there a temporary clause in there or was it permanent? 

I'm no lawyer but it really depends on what you signed, if it was filed with the courts and if and how hard you've tried to get custody back since being clean and sober.  (BTW, congratulations on that.)

I think you have a chance, especially since you've had no problems with your son.  Maybe someone here has an idea of what would happen if you called CPS into the situation.

[MomofTwo]

Did you both sign custody to your Mom or just give her guardianship?  Did she adopt the child?  Did you terminate your parental rights?

If you gave custody to your Mom, you are not going to be quickly able to get him back. 

You, like every other parent who wants a custody change, would have to demonstrate to the court a change of circumstance and how this change is in the best interest of the child.

Unless you have court ordered visitation, your Mom is in no way obligated to have to allow you to see the child.  You are going to have to obtain a lawyer.  Custody battles are never

do it yourself cases, especially with the history of both parents who willingly gave the child up.  I am in no way criticizing you...it is a fact that will be brought up in court and will be

heavily scrutinized.   While a year of sobriety is wonderful for you both, the courts will definitely evaluate that in the permanent placement

of the child. 


Congratulations on being sober. 

[MDFAM]

It was legal and physical custody that we signed over. Being only 20 years old at that time and never being involved in anything like this before with the court I just didnt know what I was exactly signing at that time and I really didnt even understand what was on that paper. I just trusted my mother and really thought that was just the best thing to do at that time. She promised that she was going to give my daughter back once we got our self together but now the only thing she tell me is that she raised my daughter for over a year so we will have to fight her in court if we want our daughter back. I just dont belive that my own mother is trying to take my own child from me.

[MDFAM]

I also forgot to mention that it is a temporary custody if that help me any.

[gemini3]

So you signed temporary legal and physical custody over to your mom?  What was the "temporary" based on?  Does it specify a time limit, or specific things?  If it's temporary you have a much greater chance of getting custody returned to you.  I know you don't have the money for an attorney, but you could take your temporary orders to a couple of attorneys who give free consultations and see what they say.  Also call and see if your county has a legal clinic.