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Momraringtogo

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  1. Yes, I'm in the process of that now. As far as the family court in that County one of the clerks there told me over the phone that I need to try and get the case heard somewhere else because I would not be able to receive a far trial there. Yes the Guardian blindsided me but now I documented everything that's going on when I'm not able to talk to the kids when she changes plans next minute to prevent me and my other children from seeing my boys. Everything is documented
  2. Yes I have just filled out the court documents to have it terminated but while in the process I would like to be able to see my children.
  3. I am the mother to the two children. Yes the court established guardianship. The judge left it up to me and the other party to make a visitation agreement. But since then I have not been allowed to speak with the children or see them. The other party who has the children keeps making excuses. When I call she doesn't answer when I arrange to see the kids she keeps telling me they have plans.
  4. Exactly thank you. You got what I was saying. So there father has been out of the pictures since I was pregnant with my last son which is six years. I let them stay upstate because I wasn't sure how I was going to proceed with my father's apartment keep it or give it up. I decided to stay since I found a job the month after I buried my father. I was in regular communication but the friend neglected to tell me she had filed a petition for guardianship ( she sent all Court correspondence to my old address upstate where I no longer lived) their father through his attorney gave permission for the guardianship. Once u became settled I asked for the boys back and she said no. I then went to my local family court and spoke to someone from LIFT and that is when they found out she had been awarded guardianship. A week later is when I first petitioned the court to vacate the guardianship.
  5. Yes which I have been trying to do but up until know have been unsuccessful. Now do I hire an attorney from my local area which is NYC or where the case will be heard which is upstate NY. Thanks for all the help by the way
  6. I apologize if I don't know the correct legal jargon but I just wanted to know if I would have to enter a new petition or modify an existing order to include visitation in a guardianship case.
  7. Can you enter a petition for visitation when there is already an order in place be that custody or guardianship??? Or do you submit a petition to modify the current order to include visitation
  8. The children were with my previous friend while I dealt with and took care of responsibilities with my father she said would help me by taking the kids to school, Doctor visits etc. We at the time were living in upstate NY and my Daddy was in the city. I let the kids stay with here since the were enrolled in school as to not take them away from what they were used to. I then decided to stay in NYC since I also found better employment here. During this process she went to the courts seeking guardianship. Sent Court papers to my previous address as to why I wasn't informed. I asked that she returned the kids and she gave me a problem so I stopped by the family court in downtown Manhattan and they looked into the system and told me a guardianship was awarded to my then friend. After that I right away petitioned the court to vacate the guardianship. We were seen before the judge twice both times their father did not show. The third time I thought that I was able to be heard over the telephone but the judge dismissed it stating I should've been there in person. I am now trying to re-petition the court to vacate the guardianship. I have letters from counselors and other reputable people who can attest to the children being placed with me.
  9. What kind of background do you need??? I'm all ears I need all the advice I can get
  10. But how do I get visitation with a guardianship in place. There was no abuse or neglect so I'm not sure why it would be so difficult. And can I say that it's custodial interference since she is preventing me from seeing or speaking to the kids which I am still allowed to do.
  11. I am in a almost two year battle to vacate a guardianship of two of my children. The guardianship was granted without out my prior knowledge and now it's heck getting all parties to show up so the case can be heard. I am the biological mother, the father has completely washed his hands of the situation and was the one who gave the ok for the guardianship to proceed. He will not show up for court anytime he has been notified to show. The person who was awarded guardianship was once a close friend of mine but now that she is preventing me from seeing or talking to my boys we could never be friends after this. I have been trying to obtain an attorney but no one returns my calls and the free attorneys there is so many hoops to jump through just to get a consult with them. In the process of me trying to vacate the guardianship I am trying to get Court appointed visitation since that will probably be the only way I can see them. Where I need help is do I modify the guardianship to include visitation or do I have to petition the court seperatlelyfor visitation. Someone please help two years of this nonsense has been long enough. I need to get my kids before they think now I ran out on them permanently.
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