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Msmiley97

Can a grandparent get guardianship without summoning the custodial parent?

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My fiancé and I went through a tough time around October and November last year and sent our daughter to her grandmothers because she said she wanted to help us and give us time to get back on our feet. My daughter was never without what she needed but we thought she deserved more than what we could give her at the time. We had an agreement that we’d be in constant contact and that we would pick her up again when we were stable which happened around January. After December, Christmas to be exact, the grandmother stopped responding to us and letting us see our daughter. She blocked our numbers and refused our facebook messages and calls. She apparently filed for guardianship but we never received a summons or anything. My husband has custody of his daughter(I’m just stepmom but I’ve raised her from 6 months and she just turned 2). We live in Florida but she is in Fort Wayne which is where grandmother lives. We only found out about the motion for guardianship when my daughters bio mom came out of the blue and told us she got the paperwork. Basically what I need to know is since my husband has custody, can we go get her if we have the custody paperwork? His paternity was established and joint custody with grandmother and him was denied by our county judge last year due to bio mom not agreeing to it. We didn’t know she was going to take our child and not give her back. She’s had her since November and we’ve been trying to get her back since January to no avail because we don’t know what to do. Can she get guardianship without our knowledge? Can we go get her if he has full custody? This woman is psycho. Please help! 

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8 minutes ago, Msmiley97 said:

Can she get guardianship without our knowledge?

 

Well, obviously she can, if she already did.

 

9 minutes ago, Msmiley97 said:

Can we go get her if he has full custody?

 

Here's the problem. If she got awarded guardianship by a local court in Ft Wayne, then Ft Wayne authorities a likely to enforce that order as being more current and primary and probably tell you that you will have to go to court in Ft Wayne to get the guardianship overturned.

 

I suggest you save yourself a lot of grief and hire a lawyer in Ft Wayne to address the guardianship before your husband tries to get the child back.

 

 

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Your post is quite unclear.  If I read it correctly, you and your fiance are trying to get custody of your stepchild.  But your husband has court ordered custody.  It also appears the child is the child of a woman to whom your husband is not married.  The child is in the care of her grandmother.    If all that  is true, I am wondering on what basis you would have any standing to demand custody of the child.  Raising the child for eighteen months does not make you the mother or confer any parenting rights upon you versus the child's biological family.

 

If my understanding of the fact is incorrect, let us know.

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12 hours ago, Msmiley97 said:

My fiancé and I went through a tough time around October and November last year and sent our daughter to her grandmothers

 

This sentence says that the child in question is your and your fiancé's child, but...

 

 

12 hours ago, Msmiley97 said:

My husband has custody of his daughter(I’m just stepmom

 

This sentence says that the child in question is your husband's child with some other woman.  What's the deal?  Are you married to one man and also engaged to another?  Or are you referring to the same man as both your fiancé and your husband (if, which is it)?  Or are there two children at issue here?

 

For the time being, I'll assume that there's only one child and that the child is not your child.

 

 

12 hours ago, Msmiley97 said:

since my husband has custody, can we go get her if we have the custody paperwork?

 

 

We have no way of knowing if you have this ability.

 

 

12 hours ago, Msmiley97 said:

Can she get guardianship without our knowledge?

 

Well...did she get guardianship?  If so, then the answer to your question is yes, but I assume this isn't what you really intended to ask.  No court is going to award a guardianship to a non-parent without the non-parent satisfying the court that he/she served the papers on both parents.  Obviously, something unusual happened in your husband's case, and that may allow him to challenge the guardianship order.

 

Your fiancé or husband needs to retain the services of an attorney in the area where the guardianship order was entered (which I assume is in Indiana).

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