My question involves a child custody case from the State of: Minnesota
My ex and I divorced in 2007, finalized in 2008. We agreed to joint physical and legal custody. Never had any issues since the father moved out of state a few times and around MN, never really a major part of her life. I was close to his parents, they helped me when I needed someone to watch our daughter during my deployments and also when I had to work overnights. As soon as I returned home from my 2nd deployment in Jan 2010, I took back control of my girls. Grandma didn't like that very much just by her comments and how she started to act. She would pick up my daughter from her bus stop and bring her to school without telling me, would tell my daughter that "mom is a bad mom", and just a few other small issues I passed off and let go. Father was living in another state, MI, when I decided I was going to move to southern MN in 2012. Father opposed this move even though he lived in another state. I moved and did not ask the court for permission, my fault yes. I told everyone, grandparents and her father I was moving, I moved Oct 2012 and the courts took my child away and gave custody to her father since I didn't ask permission. Father gave our daughter to his parents, didn't even keep her with him. He had moved back to MN July 2012, I was not aware of this. We ended up having a court hearing, father called me in July of 2013 and said I could have her back and not to tell his parents, just let them think it was the court's doing. I took her back in Aug 2013 and she began school where I lived in southern MN. In March of 2014, again her father did not return her on a weekend visit (fyi - she was going to his parents on the weekends, not his place). He told me that we were going by the previous court order and he gave her to his parents again. I called the police to get her back but they couldn't do anything because it was considered a family court matter. She was now living with is parents and going to school from his parents house, his address would have made her go to her previous school from when I lived in that area. I immediately hired an attorney. Father did not show up to court, said he had an interview and couldn't make it so appeared by phone July 30, 2014. That evening I found out through our daughter that her father had now moved to the state of Washington in May-June 2014 and he had left her in the care of his parents. His parents think that they can do whatever they want as long as the father gives him his parenting time. I just found out 2 days ago that my daughter's grandmother had SIGNED a document in order for my daughter to receive psychiatric care from a mental health provider. Now where does she have any type of rights to be able to do this??? She has no legal custody nor any legal rights! In the notes, it says that grandma does most of the talking and ask my child "am I right and she nods."
The grandparents have opened a 3rd party custody case stating I am abusing my daughter, feeding her sleeping pills, not feeding her, leaving her home along all hours while I am working and going to school, and much more. The courts are allowing this to move forward because the threshold for showing prima facia is low but now they have to prove it, which I am not worried but here is the problem. I have another daughter who is mentally ill and a major self harmer. CPS was involved in that case due to me being assaulted by my ex fiancé (April 2014, I left him) and my daughter being majorly depressed and suicidal. The case is set for dismissal on April 1, 2015. The grandparents are also trying to use the fact that I have another daughter who has a mental illness.
The grandparents just received a temporary visitation schedule of every other weekend and that I HAVE to drive her half way and accommodate to the order. I don't have a 7-3 job where I can meet at 5pm on Fridays. I've asked for the grandparents to attend mediation, they won't do it, they want custody with me having supervised visitation.
My main questions are.....can I sue these grandparents for causing major financial and emotional distress??? They also signed a document that they had no legal right to do, what can be done about this? These grandparents need to prove all they wrote. I am a hard working single mom, veteran, own my own home, have a full time good paying nursing job, don't drink, don't smoke, don't do drugs, and has no criminal history. What grounds does a court have to order a full custody evaluation (these are NOT cheap!), a guardian at $500, and all the lawyer fees my ex and his parents have accrued since nobody likes to mediate $8400 this year so far!) Now I am being made to go through all this crap for what reason?? This is extremely stressful because the courts are not looking at the history of this case that the father has been gone for her entire life! How can I get all my fees back plus awarded extra due to the extreme burden this has caused. I've even started individual therapy for myself cause its nuts how someone can just accuse anyone of anything. Please help with some advice, greatly appreciated.
My ex and I divorced in 2007, finalized in 2008. We agreed to joint physical and legal custody. Never had any issues since the father moved out of state a few times and around MN, never really a major part of her life. I was close to his parents, they helped me when I needed someone to watch our daughter during my deployments and also when I had to work overnights. As soon as I returned home from my 2nd deployment in Jan 2010, I took back control of my girls. Grandma didn't like that very much just by her comments and how she started to act. She would pick up my daughter from her bus stop and bring her to school without telling me, would tell my daughter that "mom is a bad mom", and just a few other small issues I passed off and let go. Father was living in another state, MI, when I decided I was going to move to southern MN in 2012. Father opposed this move even though he lived in another state. I moved and did not ask the court for permission, my fault yes. I told everyone, grandparents and her father I was moving, I moved Oct 2012 and the courts took my child away and gave custody to her father since I didn't ask permission. Father gave our daughter to his parents, didn't even keep her with him. He had moved back to MN July 2012, I was not aware of this. We ended up having a court hearing, father called me in July of 2013 and said I could have her back and not to tell his parents, just let them think it was the court's doing. I took her back in Aug 2013 and she began school where I lived in southern MN. In March of 2014, again her father did not return her on a weekend visit (fyi - she was going to his parents on the weekends, not his place). He told me that we were going by the previous court order and he gave her to his parents again. I called the police to get her back but they couldn't do anything because it was considered a family court matter. She was now living with is parents and going to school from his parents house, his address would have made her go to her previous school from when I lived in that area. I immediately hired an attorney. Father did not show up to court, said he had an interview and couldn't make it so appeared by phone July 30, 2014. That evening I found out through our daughter that her father had now moved to the state of Washington in May-June 2014 and he had left her in the care of his parents. His parents think that they can do whatever they want as long as the father gives him his parenting time. I just found out 2 days ago that my daughter's grandmother had SIGNED a document in order for my daughter to receive psychiatric care from a mental health provider. Now where does she have any type of rights to be able to do this??? She has no legal custody nor any legal rights! In the notes, it says that grandma does most of the talking and ask my child "am I right and she nods."
The grandparents have opened a 3rd party custody case stating I am abusing my daughter, feeding her sleeping pills, not feeding her, leaving her home along all hours while I am working and going to school, and much more. The courts are allowing this to move forward because the threshold for showing prima facia is low but now they have to prove it, which I am not worried but here is the problem. I have another daughter who is mentally ill and a major self harmer. CPS was involved in that case due to me being assaulted by my ex fiancé (April 2014, I left him) and my daughter being majorly depressed and suicidal. The case is set for dismissal on April 1, 2015. The grandparents are also trying to use the fact that I have another daughter who has a mental illness.
The grandparents just received a temporary visitation schedule of every other weekend and that I HAVE to drive her half way and accommodate to the order. I don't have a 7-3 job where I can meet at 5pm on Fridays. I've asked for the grandparents to attend mediation, they won't do it, they want custody with me having supervised visitation.
My main questions are.....can I sue these grandparents for causing major financial and emotional distress??? They also signed a document that they had no legal right to do, what can be done about this? These grandparents need to prove all they wrote. I am a hard working single mom, veteran, own my own home, have a full time good paying nursing job, don't drink, don't smoke, don't do drugs, and has no criminal history. What grounds does a court have to order a full custody evaluation (these are NOT cheap!), a guardian at $500, and all the lawyer fees my ex and his parents have accrued since nobody likes to mediate $8400 this year so far!) Now I am being made to go through all this crap for what reason?? This is extremely stressful because the courts are not looking at the history of this case that the father has been gone for her entire life! How can I get all my fees back plus awarded extra due to the extreme burden this has caused. I've even started individual therapy for myself cause its nuts how someone can just accuse anyone of anything. Please help with some advice, greatly appreciated.
Grandparents and Third Parties: Are These Grandparents Really Overstepping Their Boundaries
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