Ask Me Help Desk - Child Custody

Hello everyone, I am looking for your advice towards a huge deal that I can't get help with. My sister ran into legal trouble with her son's father and the law while her son was with her. They were in another state(not NY), and her son was taken into custody cause she was charged with endangering him. Well anyway that happened in Oct of 06 and she had to serve some time for the run in. The father is still serving time for this incident and has other charges against him in 2 other states, so he owes a lot of time. The fathers mother had went to get custody of the kids while the parents were incarcerated. Since then she has been released and we don't know where to start to start getting custody of him back. We live in NY and the legal aid that is representing her is not being of any help at all. Can someone please email me back with different agencys to call and get help from. Thank you so very much

So you sister is looking to regain custody from her son's paternal grandmother? Was she awarded legal guardianship? If so, by what agency?

What you need to do is go to the agency that is overseeing the guardianship and petititon Family court in that jurisdiction to regain custody.

She'll need to go to Family Court and file a motion to get custody of the child. WHoever has custody at present can either voluntarily relinquish it (provided that the judge agrees) or contest it. The ultimate decision will be up to the judge.

Quote:

Originally Posted by Malice420

Hello everyone, I am looking for your advice towards a huge deal that I can't get help with. My sister ran into legal trouble with her son's father and the law while her son was with her. They were in another state(not NY), and her son was taken into custody cause she was charged with endangering him. Well anyways that happened in Oct of 06 and she had to serve some time for the run in. The father is still serving time for this incident and has other charges against him in 2 other states, so he owes alot of time. The fathers mother had went to get custody of the kids while the parents were incarcerated. Since then she has been released and we dont know where to start to start getting custody of him back. We live in NY and the legal aid that is representing her is not being of any help at all. Can someone please email me back with different agencys to call and get help from. Thank you so very much

Hi there,av you tried the family courts? am I getting the story rite?your grandson is now living with his dads motherer?I'm in near the same situation .my sons dad beat me up in sept 06 and I preased charges on him and some how it got thrown out of court 7month later-dont ask me how that feckin came about?plus I made out I was 3monthe pregnant,when the incident append.now the dad of both of my boys want to take me court-fighht for costody,-summ how I don't think he will get costody as of all his backgronds.hope this help