8 months ago my daughter's made an accusation that their step dad was touching them inappropriately. To which an investigation happened and nobody was prosecuted. So my mother and sister came and got the girls and took them to Boise. My sister made me sign a temporary guardianship paper that was Not notarized and both her and my mother keep telling the girls they can never come home. How do i get my children home?
The Internet is full of paperwork that people can sign, with unknown legal consequences. Generally, a guardianship is going to involve some court proceedings because the only way a parent can lose their parental rights is through some kind of court action, like CPS proceedings or a guardianship.
Without court proceedings, anything you gave to another party could normally be taken back just as easily as it was given. For instance, a parental power of attorney does not eliminate your rights as a parent and is subject to revocation.
If you have a copy of whatever you signed, go talk to an attorney about it. Short of that, you can go to Boise and try to get your kids back, without breaking any laws. You could also contact the police in their town and explain what is going on and ask about the police assisting you in getting the kids or doing a "civil stand by" to keep the peace.
It's also unclear if there was any CPS action here and that can really change things since the state takes custody when CPS gets involved.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
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