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-   -   How do I legally get my child back? (https://www.askmehelpdesk.com/showthread.php?t=352145)

  • May 10, 2009, 05:13 PM
    margaritawenz
    How do I legally get my child back?
    I am looking for the right direction and the right answers on how to get my son back in my life. My nine year old was living with his grandma in Ohio for the last two years. His grandma recently passed away, and his father, who lived in Indianna, has now moved my child to Indianna with him. My son was born in Arizona, and his father and I have never been married. When my ex was laid off work in July of 2007, while I lived there, he took off with my child, and left me stranded in Pennsylvannia, which is where the three of us lived for a couple of months. As I stated earlier, the father took off with our son without my permission, and although it has been a couple of years, I know that he was well taken care of when he was with his grandma in byesville, Ohio. Now that she has passed away, and his father has him, he will make no effort to do the right thing and let me see my child.
  • May 10, 2009, 05:21 PM
    Fr_Chuck

    Ok, so who has legal custody, we know he has physcial.

    When you went to court and he was given custody where was that at?
    Did you and he sign over custody or guardianship to the grandparents.

    But you go back to court to get the court ordered modified.

    What are your current court ordered visit rights
  • May 10, 2009, 05:23 PM
    margaritawenz
    We have never been to court, and the grandmother had verbal rights to my child.
  • May 10, 2009, 05:34 PM
    Fr_Chuck

    There is no such thing as "verbal" rights

    So you hire an attorney and file for custody or visits what ever you want, they get an attorney and you fight it out in court.

    That should have been done the day you separated
  • May 10, 2009, 06:05 PM
    ScottGem

    When a child is registered for school or has to get medical care the LEGAL parent or guardian has to sign their approval. The school or care provider will require proof of the legality of the guardian.

    So how was the grandma able to provide care?

    Is the father on the birth certificate? If so, he has, at least joint legal custody. If you want to rgain custody, you probably have to file in a local Family Court where the child now resides.

    You really need an attorney to have a chance here.

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