Ok, Im going to try to summarize this as much as possible. I have a three year old that lives in my grandmother that I have been fighting custody for officially since August (I hadn't gotten a lawyer until then, but this has been going on since before my daughter turned 1). The reason she was living with my grandma in the first place was because when I was pregnant my daughters father had just commited suicide and I was immature and my grandma offered to help me out, I tried to be a mom, but everytime I made an attempt my grandma was always standing in the way. Its a lot more to it than what I can type. Anyway, now my grandmother and my uncle are trying to say that my husband sexually molested my daughter, This is the third time they have tried bringing this up. I know how these two people in my family are, as do everybody else in my family. we all know what they are trying to do. They are trying to make it to where I can never have my little girl. I talk to my daughter on the phone every night and she misses me and my husband very much. She keeps asking when she is going to get to come see us. Now I know people are convicted wrongfully of this horrible crime all the time. and Im hoping thats not the case here, it would be so wrong for my husband to get punished for something he didn't do when all he has ever done was loved us as much as he could and taken care of us. My husband is a great man. Anybody that knows him can vouch for him. The problem is that My grandma and uncle have my daughter pointing fingers now. They have told her so many lies that she doesn't know what to believe. These people are really horrible. and my daughter doesn't deserve to have to be with them. They figured if they said that my husband did this then they could keep my daughter like the said they were going to do to begin with. They have even said that they would stop at nothing to make sure that I was out of my daughters life for good. Please. Any suggestions on what to do would be much appreciated. if you have more questions on the situation, ask me.
Get a guardian ad litem. That is an attorney who represents the child and the child only. They are very good at getting to the bottom of things and the court tends to value their opinion over that of the adult's attorneys.
Talk to your attorney. There is more to this than you are saying. I know this, because you already have an attorney and you haven't just gone and picked up your child. So there is some sort of legality preventing you from doing so--which you haven't shared with us in your post.
Did you sign away rights to your daughter? Did you make your grandparents legal guardians of your daughter? Were you committed and lost care and control of your daughter?
I am not trying to be harsh or difficult.. but there must be a piece to this that you have left out....
Since you have a lawyer, I'm assuming you signed some form of termination of parental rights (for grandma to take care of daughter). Otherwise you would just go pick her up. Nothing we say or suggest will overturn that - except a court.
What type of custody or guardianship does your grandmother have? As mentioned, if you were able to you would just go get her.
I have lived through something slightly similar in that I took in my niece at ten days old (after my sister tried to SELL her to me). We were her permanent guardians before adoption. During that time my father tried to help my sister regain some sort of custody or visitation and they were shut down. The courts absolutely wanted what was best for my daughter and it wasn't her biological mother.
I NEVER would have lied (I considered fleeing to Europe a couple of times!!) but there was no way she was going back there without a fight.
You should talk to your lawyer. If you have an attorney, then that's where you should be getting your advice. Only your attorney knows all the details and the details are what count.
You can ask your lawyer to see if the court will order a forensic examination of your daughter. Like an interview they do with children who have been molested. It's really a play type deal but you learn alot about what has happened to a child through their play.
Have your husband take a lie detector test at his cost. That would clear things up real fast.
