Grandparents lied: took kids, filing paperwork

[kre8kolor]

My dad, so nicely, came to my house last night and asked if he could take my boys (almost 2 and just turned 7) camping - I thought that sounded nice and they'd like it. I said yes, packed their things and they were gone. This morning my husband and I got served with papers: Temporary guardianship. We have since learned that they've not - obviously taken the boys camping outside town, which they had told me - but taken them out of state for the weekend. They are NOW refusing to let me speak with my oldest boy and won't even answer my calls anymore. Is THIS legal??

On top of all that, the papers they wrote up were based on words of a 7 year old which is EASILY persuaded with candy or toys... as most boys that age are. They are blaming me for most of the "neglect" and using my illness of being bipolar. They have showed NO signs of this brewing, in fact have OFFERED help to my husband and I (who are short on money after I lost my job due to my illness) so of course we are willing to accept help. NOW - they have used all those times they helped us as us not being fit parents. The papers that were signed are 80% lies and the part that isn't full of lies is that we have a messy house. Cluttered and full of stuff... NOT unhealthy or disgusting by any means. However: we ARE moving, so things are scattered more than normal and in boxes here and there. My mom came into our house while we were away and took pictures.

How do I fight this? I don't even know where to start. My parents were by NO means the best interest for me when I was younger, my illness went untreated until I was an adult, among other things. What can I do???

Please help me!!

[tbyte]

There is a court hearing scheduled, is there not?

Yes, there is a court date scheduled for a little over a month from now. Does that mean I can't see my kids until then??

[kre8kolor]

previous thread posted by me: didn't sign in.

My apologies...

[tbyte]

You can file a motion for temporary custody until the hearing, along with an affidavit disputing the allegations made against you. Alternatively, you can request visitation with your children until the date of the hearing.
When you get to the hearing, remember, you assumed innocent until proven guilty. Do not focus too much on defending yourself, showing yourself to be a good parent, etc. The burden of proof is on them. Put THEM on trial. Attack their credibility, their motives, their parenting skills, etc.

[kre8kolor]

You said I can file papers and such to get custody until the hearing... if it's already been taken away, how can I do that? My lawyer didn't even mention that. Where do I get that paperwork, can I do it on my own?

My parents have had the kids for 6 days and I've seen them a total of 45 min since then... how is this all "Innocent until proven guilty" when they took my kids to begin with based on these lies??

Also, how can my kids be taken away w/out Child Protective Services even being involved? NO ONE has EVER contacted us (my husband or I) or seen our house or talked to our children.... shouldn't they be the FIRST people involved??

Any help you can give me would help, greatly!!!

Thanks.
~Amy

[tbyte]

You should ask your lawyer to do it.
Has your lawyer done anything for you?
Has he filed a motion or affidavit disputing the allegations, or asking that a guardian ad litem be assigned, or that custody be returned to you until the trial?
You say your mom came to your house and took pictures. Did she enter with your permission? If not, file charges of breaking and entering against her.

Originally Posted by kre8kolor

My dad, so nicely, came to my house last night and asked if he could take my boys (almost 2 and just turned 7) camping - I thought that sounded nice and they'd like it. I said yes, packed their things and they were gone. This morning my husband and I got served with papers: Temporary guardianship. We have since learned that they've not - obviously taken the boys camping outside town, which they had told me - but taken them out of state for the weekend. They are NOW refusing to let me speak with my oldest boy and won't even answer my calls anymore. Is THIS legal??

On top of all that, the papers they wrote up were based on words of a 7 year old which is EASILY persuaded with candy or toys... as most boys that age are. They are blaming me for most of the "neglect" and using my illness of being bipolar. They have showed NO signs of this brewing, in fact have OFFERED help to my husband and I (who are short on money after I lost my job due to my illness) so of course we are willing to accept help. NOW - they have used all those times they helped us as us not being fit parents. The papers that were signed are 80% lies and the part that isn't full of lies is that we have a messy house. Cluttered and full of stuff... NOT unhealthy or disgusting by any means. However: we ARE moving, so things are scattered more than normal and in boxes here and there. My mom came into our house while we were away and took pictures.

How do I fight this? I don't even know where to start. My parents were by NO means the best interest for me when I was younger, my illness went untreated until I was an adult, among other things. What can I do???

Please help me!!

Your situation is a lot like mine. what was your outcome? I'm still fighting. I have epilepsy though and not bipolar.