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Mother wants her child
Guest
#1 Posted : Wednesday, June 23, 2010 7:51:12 AM(UTC)
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Hi,

I need some advise please. My wife had two kids with her previous husband. He left her with both. When we met, the oldest one was living with her and the youngest one with her sister, because the ex never paid anything and she couldn't afford both.

As time went by the sister basically kept on moving further and further away as to make it difficult for my wife to see her child. I was in the position to care for both and she said that she wanted her back. She then came with all these threats about how the law is on her side because she hadn't seen the child for so long and eventually forced my wife to sign papers to make her the legal guardian. I was livid when I found out about this, but my wife said she just wanted what was best for her child and didn't want to disrupt her life.

Anyway, I can see this is getting worse for her because her other daughter also misses her sister and talks about her a lot.

I just want to know if we have any legal rights to get her back and what we need to do?

Thanks
Guest
#2 Posted : Wednesday, June 23, 2010 4:31:45 PM(UTC)
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In theory you definitely should be able to to, however the crux of the matter - and what the court is bound to focus on - is what's best for the child. You don't say how long ago this happened, but if say the child moved in with her aunt when she was a few months old and is now 6 then you'd be taking her away from what is effectively her family now. Still, it's very strange that your wife's sister would act in this way - perhaps she has some other concerns that have not been voiced. If she effectively feels like she's raised your wife's daughter and is now for all intents and purposes her mother then she may well be afraid of you guys taking her away...everyone has something to lose here. You're family, call a meeting get an independent mediator/ family counsellor in and thrash out an arrangement. Then, when she's old enough your daughter can decide for herself where she wants to live.
shazdart
#3 Posted : Wednesday, June 23, 2010 4:46:59 PM(UTC)
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I don't think, unless this document was ratified by the courts that it is legal at all. You and your wife should have been given a copy of the signed document, it sounds to me as if your wife's sister is trying to pull a fast one here.
This is your wifes child and she is entitled to see this little girl regardless of what her sister would or would not like.
I think that if you are serious about this child coming to live with you then some sort of contact should be made. Who knows what your wifes sister has told the child!
Approach the family courts or FAMSA and they will advise of the best course to take.
Good Luck.
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