Long and Complicated but Please Help us...

[adrianzmimi]

My daughter has been dealing with some difficult issues over the past several years and as a result has lost custody of all three of her children. The first child lives with me. My brother-in-law has custody of the second child. The problem begins with custody of the third child.

My sister-in law (not blood related to my daughter) filed a custody petition in April 2006 but my daughter did not know this as we could not locate her. In June 2006, my daughter's Great Aunt came to Alabama from North Carolina and filed a simultaneous petition. Then she set up a meeting with my daughter. during this meeting she convinced my daughter to sign a "Temporary Custody Agreement" that she (and other members of her family) explained to my daughter would be legal and binding as long as it was notorized. She explained that by doing this there would be no need to file petitions in court and my daughter would be able to convact, visit and receive visits with her daughter. The agreement was to last for two years giving my daughter time to establish a life for herself and her child. My daughter believed them and signed the agreement.

The first hearing was set for January 2007 at which my daughter was present thinking that she was there only to verify her agreement for a two year period. She did not realize this was an actual custody hearing.

The court ultimately decided in August 2007 that my grandaughter should reside with the Great Aunt in NC based solely on the 'blood factor'. My granddaughter has not been allowed ANY contact with her mother or her brothers during this past year and the Great Aunt has now ceased all communications "upon her attorney's advice" since she is now preparing to adopt my granddaughter.

My husband and I would love to fight for custody but have already been told that due to our income level, the size of our home and the size of our family we will not be granted custody.

What can we do at this point. Does the notorized agreement have any standing in this case? It seems to me that it should because of the fraudulant manner in which it came to pass but I'm not sure so I'm praying that someone here can give us some advice. Thanks in advance and I'm sorry this is so long.

Also, this case was last before the court 13 months ago.  Does Alabama still have jurisdiction or would that have been transferred to North Carolina?

[m_t]

I really think your daughter needs a lawyer. I suspect AL still holds jurisdiction, but a lawyer would be best able to tell you.

[Lee Borden]

I'll try to help with the jurisdiction question, but I need some clarity from you first. Tell me BRIEFLY which court (in which state) has done what with regard to this child. Then tell me, also briefly, where each adult and juvenile participant now lives. Armed with this information, I'll try to get back to you with something useful.

[adrianzmimi]

Thank you so much for the replies.  To date all proceedings have taken place in Alabama Courts.  Custody was franted to the  Great Aunt that  resides in North Carolina and the child has lived in NC for 13 months now.  The rest of the participants still live in Alabama. 

[Lee Borden]

Then my guess is that AL still has continuing and exclusive jurisdiction. NC may now be the home state of the child, but relevant parties still live in the state that had original jurisdiction.