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-   -   How to I get custody back of my son? (https://www.askmehelpdesk.com/showthread.php?t=308996)

  • Jan 26, 2009, 03:26 PM
    jesshan841
    How to I get custody back of my son?
    Okay I'm going to try and get all the facts in a short amount of words... Pretty much that happened was I was 18 years old and had an abussive boyfriend and he ended up braking my 6week old baby's leg... (I WAS IN BED SLEEPING) so while in the hospital with our baby we were questions and the only thing I could say is "well my boyfriend said this happened but i dont know because i was sleeping" needless to say they told me that it was considered neglect because I was in the house (even though I was sleeping! :confused: ) so he is now three years old I still get to see him and soon I will be able to see him without his grandmother around.. (which by the way my ex boyfriends mother (my sons grandmother) has custody of him, and if I fight for custody I will have to fight her and her now ex husband... So can you tell me on who I need to speak to about getting custody back? Or do I just give up..? I LOVE HIM AND WANT What's BEST FOR HIM BUT WHERE HE'S LIVING IS JUST NOT RIGHT... HIS GRANDMOTHER IS CONSTANTLY DRINKING AND MY SON IS ALWAYS IN A CAR SEAT!! :eek:
  • Jan 26, 2009, 03:32 PM
    ScottGem

    This is a legal issue so its been moved to the Family Law forum.

    You need to speak to the people that took him away. This was probably a children's services agency. There was probably a court hearing where custody was awarded to the granparents.

    Was there any conditions placed on the custody? Did it say you have to get some parenting classes and show the ability to better care for your child (like kicking out the abusive boyfriend?)?

    Your best bet would be to hire a Family Law attorney who can advise you what you need to do. You also need to document the lack of care he's getting now.
  • Jan 26, 2009, 03:33 PM
    Justwantfair

    Why did it take you three years before you wanted to fix this situation?

    The grandparents have had custody of the child all this time then you will have to fight them to get custody returned and if it has been supervised visits all of this time, you will probably have a difficult battle ahead of you.

    If the grandmother is drinking all of the time and the child is always in a carseat, maybe she is not up for raising this child and if you spoke with her she would consider speaking on your behalf.

    Are you and the father still together? Did you press charges against the father at the time? How did he break the infant's leg?
  • Jan 26, 2009, 03:49 PM
    jesshan841

    I couldn't interfere in the three years because it took that long for the grandparents to gain full custody of my son.. and I did leave the father before I was revoked of my rights... and I have done all that the court has asked of me... I guess I should have stated that!
  • Jan 26, 2009, 04:43 PM
    ScottGem
    Quote:

    Originally Posted by jesshan841 View Post
    I couldn't interfere in the three years becuase it took that long for the grandparents to gain full custody of my son..

    That doesn't make sense, you should have been fighting the change in custody all along.

    Quote:

    Originally Posted by jesshan841 View Post
    and i have done all that the court has asked of me....i guess i should have stated that!

    If you have fulfilled all the court requirements, then you request a hearing, show the court that you have complied with their requirements and petition for custody to be restored to you.

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