Can I go Pick up my daughter?

Points

Asked by DanielleL 2 weeks ago in parenting

I would like to know if I can go and take my daughter into custody?
My ex and I have been seperated for 2 years. She had a breakdown and
my daughter was taken into care by my exes mother. My ex came to me
with papers to sign my parental rights over to her mother, but I declined.
I told her that if she felt she couldn't care for our daughter that I
wanted custody of her. BUt she said her parents wouldn't let me have her.
I didn't know what to do then. BUt I am seeking to have custody of my daughter.
Since I didn't sign over my parental rights, can I just go and pick her up?

All Answers

heather_june Heather - 'THING' !!!! / Addams Family Camper!!!

Answered 1 week ago

If you have nothing by law to say you can't pick her up, I don't see why you can't. As parents, you have equal rights. You haven't signed away any rights to your daughter. Your ex wife's parents cannot therefore dictate.

However, we are not legal advisors, this is just the way I view it, however, I do have some knowledge on this subject, enough to know that as parents, you have equal rights. If you encounter further problems then I advise you to seek legal advice by going to a lawyer.

Additional Details added 1 week ago

Good Luck!

Comments (3)

worriedsick Lynne / R.T.(R)(M), BS

Answered 1 week ago

No. You can't just take her because you aren't the residental custodial parent. However, grandparents have few rights as far as custody or visitaiton goes, so I would talk to your lawyer and go for sole custody. In the meantime, you can see if the court will grant you temporary custody until a final decision is made.

Additional Details added 1 week ago

In looking back at your question, you say that you are only separated? You are not divorced? Then yes, you do have full parental rights, unless the courts have said otherwise. You can go get your daughter, and then seen an attorney to petition the court for full custody, in view of the mother's mental instability.

Comments