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    proudmom07's Avatar
    proudmom07 Posts: 1, Reputation: 1
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    #1

    Oct 15, 2009, 06:58 PM
    How to file for full custody of my 2 yr old son
    i want to know how i can file for the full custody of my almost 2 year old son.. im afraid that his father and grandmother might try to take him from me because my son's father is 17 just like me and his mom is always threating me that she can take him whenever she wants and once she even tried to take him without me knowing it... i dont know what to do because they pay voluntary child support and my son has his last name(unfortunately) and when my son sees them he has like panic attacks which worry me alot
    :confused::(

    what should i do?
    can i file for the full custody?


    we live in maryland by the way
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Oct 15, 2009, 07:09 PM

    First, if the grandmother takes the child without your permission or knowledge call the police. That's called kidnapping. It doesn't matter that she is a relative.

    If the father takes the child without your knowledge or permission, he can be charged with parental kidnapping.

    But you really need to get this established by a court. So you need to go to your local family court and find out what the procedure is for filing for full legal custody. I specify LEGAL custody because you will not get full PHYSICAL custody unless you can prove the father is a danger to the child.

    At the same time, you file for child support and a set visitation schedule.

    When you do this, the grandmother will probably yell and scream. Let her yell and scream as much as she wants. BUT if she hires a lawyer, you better get one too. If you go into court without representation and up against someone with representation you stand a good chance of losing. In fact, if the grandmother can show that she can provide a better home for the child, there is a chance that the father will be awarded primary custody ans you will be the one paying support and stuck with a visitation schedule.

    So you really have a choice here. You can go to court and take the chance of them getting a lawyer or you can keep the status quo. I really don't recommend the latter, if you don't get court orders to govern custody, support and visitation it may come back to haunt you later.
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