Posted by sjklevickis on 2/27/05

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I am a 39 year old mother of two daugthers, one 14 and one
5 years old. They are beautiful and academically
consciencioius (of course, particularly my 14 year old).

My daughter (13 at the time), went to visit my sister
almost 300 miles away to the north (all in California).
Almost immediately I began receiving telephone calls, my
sister dismissing the importance of the request and my
daughter pleading with me to stay in the very small town
for the first semester (until holidays at most)... as she
is having a wonderful time on vacation.

Immediately I said, "no." I continued this position for
several days, in which I received several calls from my
sister to further solicit a "yes" answer. I was finally
pursuaded (against my better judgement) to allow her to
begin high school there under very specific conditions,
that my sister, my daughter and I were all aware of--
Michelle was to visit at our home each weekend and would
be home to stay by the holidays.

My sister ultimately pushed the decision by playing up the
notion that our house was on the market and because of the
inconvenience of selling it, best to relieve Michelle of
the subsequent commotion.

Now mid-August, I made the decision (reluctantly and
extremely pained by it); based on the every weekend visit
and coming home to stay date. By early October I could
tell things were not going well. My daughter had not
visited except for one day, briefly. My calls were often
unreturned and my concerns were met with growing
dismissiveness.

I tried to express the need to end this situation with my
sister. She cried and played up the notion that Michelle
would be too upset to not be able to stay until the
holidays as I had promised. The house was sold, now in
escrow... We ended that conversation without making final
arrangements for Michelle's return, except my sister was
aware that I wanted Michelle returned already, without
question.

November 3, our new house was up and running, unpacking
and with phone numbers and DSL connections, I tried to
reach my sister and my daughter for the coming ~3 weeks
and was unable to get them by e-mail, instant messaging or
telephone. Finally, I reached my sister on November 19,
to discover that she had taken my daughter not only out of
state, but across the country! I was furious, but more
importantly needed to discuss the details of my daughter's
return.

I inquired about the return rather quickly within the
instant message conversation. She then replied with, "I
have no intention of ever returning your daughter to you."
I sent a letter to my sister demanding my child be
returned. I sent it Federal Express with signature
confirmation, to be sure of it's receipt. I copied the DA
in my county's district attorney's office, child abduction
unit--and followed up with the DA by telephone over the
next several days.

I had allowed my sister two weeks to assist my daughter in
wrapping her activities up and returning my daughter
home. The day before the two weeks was to expire and my
daughter would be coming home, my sister sent me a US
Postal service notice that she filed a "temporary
guardianship". The DA told me to hire an attorney
immediately. I did.

The allegations that have followed this petition are
ridiculous. They change from one week to the next, first
I am unable to provide "financially" in order to be
considered "fit" -- as that gets disproven, then I
am "physically abusive" -- until my daughter takes the
stand and honestly answers that I have NEVER spanked,
harmed or punished her physically ever. Then the charges
become "emotional" abuse. However, NOTHING indicates any
such emotional incompentencies to suport this allegation
ether.

In the meantime, I am rarely able to speak to my daughter
on the telephone. I have only been able to visit with her
a total of 4 times. The last 2 visits, my daughter has
stated to me that she wants to stay home, but my sister
won't allow her to do so.

I have never been arrested. Do not drink or use drugs.
Do not have any CPS investigations in my history. No
school related inquiries, nothing. My sister has
purchased $500 worth of clothing for her, a new bedroom
set, a new computer, a new cell phone, promises of travel
to foreign locations as well as domestic, cash, and a new
BMW on her 16th birthday for her continued participation.
She is young and quite impressionable. She is being taken
for a ride--as these gifts do not come without STRINGS
attached in a grossly inappropriate way.

I travel this great distance once or twice per month to
sit in an antiquated courthouse. Most of the time only to
hear after many intense and grueling hours, that the
matter will be continued because the petitioner (my
sister's counsel) is in the restroom while the cases are
being called, the judge is too busy that day, the
petitioner's lawyer needs more time for review, etc.

These charges are false. My daughter needs to come home.
I am the only parent she has had and my sister had never
shown any real interest in her prior to her visit in July.

Not until weeks/months into this situation did I realize
that my sister's motivation goes directly to a long
disputed financial matter, to which was not resolved in a
manner that was pleasing to her.

I want my daughter home. I do not appreciate her being
used as a "pawn" by my sister--actually this fact enrages
me. My sister drinks every day and I fear for my
daughter's well being. I just need her home. My attorney
seems puzzled about how to handle the judge just appointed
to his bench on 1/3/05, our case initially heard on
1/6/05, and the lack of protocol within the rural
communities judicial system.

I've missed what's going on almost a year without the
benefit of my daughter, missed homecoming dances and all
of her growing up throughout this school year--almost. Is
this a matter that I can sue my sister over? Torts
arising from interference of parental/child relationship
research does find a few cases where this has been
successful. Does anyone know anything about the liklihood
of this in 2005? In California?

Thank you so much.

Susan

Re: third party non-custodial guardianship petition, 2/27/05, by sharwinston.

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