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My sister has custody of my son. Has had him for 3 years now. Is there anyway a judge would give me my son back or should I just let my sister adopt him. He is 6 years old and has been with her since he was 3 but he still sticks with that he wants to live with me not them. So not sure what to do. He changes his mind a lot about what he wants.
There is a possibility, depending on why you gave up custody. Was it voluntary? Court ordered?
How was the custody ordered to your sister...
We need a bit more detail before we can give an accurate response. What is your current involvement in the child's life?
I signed it through child's services. I lost him child endangerment. I see him when if my sister lets me. I just bought him his school stuff. They have him calling me his samantha mommie. I don't know what to do or what is best for him I don't think that he knows either at this time.
If you lost him through endangerment, it is much less likely that you will be allowed to have custody again.
Did protective services detail what you needed to do to get your child back? Do you have a lawyer?
No I don't have lawyer. Yes I had to get work for year and apt for year before I could get him back but around here is only temp jobs opened and those do not last a year for sure.
Most likely you can not get him back because when Children's services take your kid due to abuse, neglect or endangerment they give you so many days to comply with fixing the problem and if you don't you lose custody or any chance at getting custody. The fact that you don't even seem to know where things stand on whether you can get him back or not looks like they would hold that against you since its been years and you have not been taking a pro active attempt to keep up on where these things stand.
ALSO with the other post you just did it makes it even more highly unlikely about getting custody back
Probation, theft, embezzlement, a warrant,
Well the reason for that is my sister said that she would give him back. She told me that after year she would give him back to me so I waited year then she said another year so I waited now she says I have to take her to court and fight for it which I want to do but that would be for me and not for sure what is best for him.
Child services said only way get him back is to fight my sister for him but did not want to have to do that. I want to do what is best for him and not what I want
The court doesn't look at verbal agreements that you made with your sister they look at what was in the court orders and how you followed up on them. Then if you bothered going back to court to try and get them back once you complied with the order.
It is not up to what your sister decides
It was up to YOU and what the court says by looking at what YOU did to remedy things.
After all these years they are going to say you didn't show an interest in going back to court to get your kid back.
After a kid is in their system so many months and the parent hasn't attempted to get them back the court CAN terminate your parental rights.
What have you done in your favor since the time they took your kid from you?
Have you complied with the court order to fix the endangerment problem?
Taken all the classes they told you to?
Gone back to court every time you needed to?
Done any regular visitations with your kid?
Why didn't you try getting your kid back before this?
These are all questions they would want answers to their satisfaction.
Saying your sister said... is NOT to their satisfaction
Well they still have me paying child support on him if that helps. Yes I have went to court when I needed to. I have had my home for 5 almost 6 months. And can not get full time work only temp work I need to move to bigger city but afraid they will say I was abandoning him if I do.
No paying child support doesn't have one single thing to do with it. You could never see him again and still have to pay support until he turns 18.
The only thing it has to do with it is if you let your sister adopt him you no longer have to pay child support.
Even then with or without a court order you should still help support him and be there for him.
Have you been visiting him regularly?
Every chance my sister will let me
That is a plus but if you want to see if you have any chance whatsoever at getting him back you need to call Children's services asap and see where things stand.
You might be able to get some sort of court order visitation that would be better than having to have to sit and wait for your sister to decide IF she feels like letting you see him.
Yeah I called the court house and they said that they don't handle that kind of stuff. But they do it for devorice and stuff so do not see why they can't for me
Got one word for you...Quote:
Originally Posted by charmed44875
Lawyer.
You have to go through Child protective services to do anything regarding your son
Yeppers that is what I am thinking. But I don't know if that is what is best for ethan. I don't know if he wants to stay with my sister and her kids or come with me. I don't want to take him back just for me that is selfish. I want to do it only if it is best thing for him
Only you and your sister can decide what is best for him. I assume she is against this?Quote:
Originally Posted by charmed44875
She has not said either way. She says that he would hate being taken away from her kids they call each other brother and sister but when he is with me he begs me not to take him back but then once there he is fine so I don't know
It isn't up to him to decide. I know you want what is best for him so leaving him with your sister may be the best option (I really don't think you have an option though) but you probably would be best to go back to Child Protective services and get everything in orders for your own protection.Quote:
Originally Posted by charmed44875
You need to go and cover these bases
Adoption options
visitation orders
Child support update
The court is also looking at it like he does have his roots/security/life there and they are not going to want to uproot him
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