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Is there anything we can do? Legal question

My MIL has guardianship of my SS. For the last 3 years she has been lying to my DH and the baby momma telling them that they can't have their son because she had custody and they had no rights. She has also been telling them lies about eachother in hopes that they wouldn't talk anymore and wouldn't figure out what she was doing. She was going to move out of state with SS but it says right in here guardianship papers that she cannot. My question is is there anything we can do? Like legally to press charges against her? Or is a restraining order possible?

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Anonymous

Asked by Anonymous at 5:39 PM on Jul. 21, 2010 in Just for Fun

Answers (5)
  • why has your DH done nothing about this in family court? this has been going on for 3 years why didnt EITHER parent make a move to fight for thier child? I dont understand this.
    sati769leigh

    Answer by sati769leigh at 5:42 PM on Jul. 21, 2010

  • Well, if she is in violation of the court order for guardianship, I think you could petition for custody. But you will need to talk to a lawyer for sure.
    I don't think you can press charges -- and a restraining order does not make sense since she is not harassing/stalking etc. Your DH could request a motion for a restraining order ON BEHALF of the minor child, but in light of the fact that your MIL has guardianship, unless you can prove abuse/neglect it would never stand up in court.
    GL momma
    MommaofH2

    Answer by MommaofH2 at 5:43 PM on Jul. 21, 2010

  • This: Well, if she is in violation of the court order for guardianship, I think you could petition for custody. But you will need to talk to a lawyer for sure.
    I don't think you can press charges -- and a restraining order does not make sense since she is not harassing/stalking etc. Your DH could request a motion for a restraining order ON BEHALF of the minor child, but in light of the fact that your MIL has guardianship, unless you can prove abuse/neglect it would never stand up in court.
    itsallabtthem84

    Answer by itsallabtthem84 at 5:44 PM on Jul. 21, 2010


  • A child typically cannot be removed from his state of residence without the prior approval of the court or judge who awarded custody. If the custodial parent moves the minor child out of state against the wishes of the non-custodial parents (his father) and without the permission of the court, then the court may sanction orders of contempt. An order to permit a parent to move a child from the state is often required before a move can occur, especially in contested relocation cases. The relocation or move-away order may be entered either by consent of biological parents or by the court after a hearing.
    neebug3766

    Answer by neebug3766 at 5:44 PM on Jul. 21, 2010

  • Op here: didn't mean to post annonymous. DH was 15 he didn't understand what was going on he just wanted insurance for his son so him and babymomma gave his mom Guardianship. They were both too young to understand what they were doing and MIL used it against them. She lied and topld them it was all parental rights they signed over not guardianship.They are both over 18 now and started looking through papers and realized MIL has been lying this whole time. We are going to get SS back there is no question about that. We just want to know if there are any charges we can press against her.
    krystie-tina

    Answer by krystie-tina at 5:46 PM on Jul. 21, 2010

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