Ask Me Help Desk - I Want My Son Back. Please Help!

I am a 19 year old mother. My son Odin was born Nov 1, 2012. At the time we didn't have jobs (I had recently quit my job because of a rough pregnancy) and currently were living with my boyfriends grandma to try and get on our feet. In mid January his grandma got pulled down the stairs by our dog and had to get staples in her head. Her kids immediately got angered and wanted us out of the house. There was a lot of fighting and arguing going on and we honestly didn't know if we would be staying there or where we would go if we were to get kicked out. My mother, who I recently began talking to again after 4 to 5 years, offered to help us out until we got everything sorted out. Backed against a wall it seemed like a great idea. When she brought him up for the weekend a couple weeks later she came with a paper. She said that she wanted us to sign it and that she wanted it so she could get assistance for wic, possibly switch him to a doctor closer to her, and so she wouldn't get in trouble. Helping us out like she was we had no problem doing this. Reading over the paper it was filled with a bunch of legal jargon I didn't entirely understand so I took her word for it and told my boyfriend it was okay if we signed it. Everything seemed fine then all the sudden he was "sick"and we couldn't see him. At first it was okay I didn't want him to get out when he was sick. But after a month I felt like I was catching her in lies and said I was coming to get him. Now having jobs and the drama was settled we wanted him back. She said no and that she had guardianship. That paper we signed basically waived all rights to our son, to be served papers and to appear in court to fight her. And I didn't know that was what it truly was until the cops told us on April 1st when we went to get him. February 20th she went to court and we had no idea due to the paper we signed. And she said we didn't want him and was awarded custody. Were trying to get a lawyer but its hard with just getting on our feet. Is there any chance for us getting our baby boy back?

Of course. You can go to the court and seek to have her custody order set aside on the grounds that, among other things, the waiver of notice you signed did not clearly give you notice.

But I find it hard to believe you when you write that you and your BF read that paper and that neither of you had any inkling that you were signing over custody and waiving notice of the hearing. Maybe you will have better luck with the judge.

First, I assume you mean the child was born in Nov 2011 (not 2012). Second, you cannot just sign a paper giving your rights away. You can, however, give guardianship to another person and they can use this to get custody.

So the first thing you need to do is get a copy of what you signed. Then you are going to need legal help to prepare a fight to regain custody. I would suggest checking with a local law school, many run clinics to help prepare legal paperwork and strategy.

But you have an up hill battle. The fact that you allowed yourself to get pregnant when you really weren't prepared to have a child is going to work against you.

The baby was born in November and the "fighting" over who had custody started in either February or April (when the Police got somehow involved)?

I don't think that's going to fly with the Court, either.

Quote:

Originally Posted by JudyKayTee

The baby was born in November and the "fighting" over who had custody started in either February or April (when the Police got somehow involved)?. ...

I expect that OP is trying to tell us that, when she got the police involved on April 1st, she learned that Grandma had gone to court in February.

Quote:

Originally Posted by AK lawyer

I expect that OP is trying to tell us that, when she got the police involved on April 1st, she learned that Grandma had gone to court in February.

That was the way I read it too. But I agree with Judy6 that the timeline here is suspect. It would seem obvious that the OP had a child she and the father were not prepared for. And a court has decided the child is better off with the grandmother at least for the time being.

I think the OP needs to get her life together and shyow she can provide a decent home for the child before trying to get him back.

Quote:

Originally Posted by AK lawyer

Of course. You can go to the court and seek to have her custody order set aside on the grounds that, among other things, the waiver of notice you signed did not clearly give you notice.

But I find it hard to believe you when you write that you and your BF read that paper and that neither of you had any inkling that you were signing over custody and waiving notice of the hearing. Maybe you will have better luck with the judge.

That is great to hear. And the way she describe it to us was that it would be temporary custody so she could get help with what was previously described. And when we discussed it she said that she didn't think we would want to go to court and have it drawn out just to sign over temporary guardianship. Of course that was the case if it was for temporary custody. We didn't want to have to go to court just for that when we had no problem giving here temporary guardianship for the time being. And we were told that it could be changed back anytime. So when I read the part of waiving "petition to court" that's what I assumed it was about. When I was in high school I had moved to Texas with my grandma and we wrote up a paper and we signed it and the way it was described to me it and the way I read it the paper seemed like it was the same. So I thought I did know what I was reading.

Quote:

Originally Posted by ScottGem

First, I assume you mean the child was born in Nov 2011 (not 2012). Second, you cannot just sign a paper giving your rights away. You can, however, give guardianship to another person and they can use this to get custody.

So the first thing you need to do is get a copy of what you signed. then you are going to need legal help to prepare a fight to regain custody. I would suggest checking with a local law school, many run clinics to help prepare legal paperwork and strategy.

But you have an up hill battle. The fact that you allowed yourself to get pregnant when you really weren't prepared to have a child is going to work against you.

Sorry that was my mistake when I typed. Yes he was born nov 2011. Feb. 20th she went to the courts with the paper we had signed and got guardianship of him and we were not aware of anything that was going on because that paper waived our right to have to appear in court, be served papers, or have any knowledge of what was really happening.
I've already been to the clerks office to get copies of the case papers. And I've talked to 4 lawyers so far, trying to wait to hear back on prices and decide which one we feel would be best.

Quote:

Originally Posted by AK lawyer

I expect that OP is trying to tell us that, when she got the police involved on April 1st, she learned that Grandma had gone to court in February.

I must of did a bad job at explaining my story and I apologize. I had my son in nov of 2011. She went to court and got custody of him feb. 20th without my knowledge. April 1st she had been making so many excuses about why we couldn't see him I told her I was coming and taking him back and she said no. I went to her house to get him where she said no again. I waited at her house and called the cops to make her give me my son back and that's when I found out what we signed and what she did.

Quote:

Originally Posted by ScottGem

That was the way I read it too. But I agree with Judy6 that the timeline here is suspect. It would seem obvious that the OP had a child she and the father were not prepared for. And a court has decided the child is better off with the grandmother at least for the time being.

I think the OP needs to get her life together and shyow she can provide a decent home for the child before trying to get him back.

Yes I can admit that a pregnancy at the time wasn't the greatest idea, and I think its obvious it wasn't planned. But when I found out I was pregnant I was determined to be a good mother, just as my boyfriend was determined to be a good father. And we were. We took care of our son and we love him. And the only reason we agreed to what my mom proposed was because at the time our home was a dramatic place. We did not want him around all of it. It was never because we lacked as parents or we were incapable of caring for him. And the court never decided my mother was better for his well being. I ignorantly signed a paper and she went to court saying we did not want him and we signed away our rights. I'm sure that any person going to the court with that argument would seem more fit, especially when we weren't there to even make them think otherwise. And I now have a job and am signing up for school. My boyfriend has a job and is going to school to get certified to weld. Our living situation is now figured out and fine. My life is together. I understand maybe I shouldn't of gotten pregnant but it wasn't in my nature to get an abortion or give him up for adoption. I can't change the past and I don't regret it. That little boy was and is the best thing that's ever happened to me. I know we are good parents. Did we make a bad decision trusting her, obviously. But if I wasn't fit, or didn't want my child I wouldn't be fighting so soon and so hard to get him back.

Thank you for your replies.