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satterwhite90650 · Jan 24, 2006, 06:23 AM

My mom has had custody of my children for 10 yrs. I lived in the home with my kids up until 3 yrs. Ago. I had used drugs off and on since I was a teen. 2 yrs. Ago I had had enough of myself. I left and have been drug free ever since. I am now married my kids adore my husband. Here is my situation. I want my kids to come live with me. My husband and I are buying a home. My kids want to be with me. I thought my mother could just have there checks stopped and sign custody back to me. Can she legally do that?
Anyway now she doesn't want to let me have my kids,she plans on fighting me in court. I need legal advice, advice , and opinions please.

mr.yet · Jan 24, 2006, 06:41 AM

What state do you live??

fredg · Jan 24, 2006, 06:43 AM

Hi, Satterwhite,
Thank you for posting a question here at this site, and Welcome.
I am sorry to hear your Mom now doesn't want you to have custody. Congratulations on being "drug free"... just one day at a time!
If your Mom would agree to you having custody, you could both go to your local Court House, and talk with the Clerk in the Court Clerk's Office, to see how to do the custody change-over, having it signed by a judge.
But, since your Mom wants to keep custody, you really need a lawyer who is experienced with custody cases. I am not a lawyer, nor a Professional in the Legal area.
Again, I congratulate you on your success, and your marriage. Please talk with a lawyer, explain it ALL to him/her, and I do wish you the very best.
I cannot offer an opinion on whether you would win the case; the lawyer can tell you the chances.

satterwhite90650 · Jan 24, 2006, 06:56 AM

California

mr.yet · Jan 24, 2006, 07:56 AM

Originally Posted by satterwhite90650

California

From personal experience dealing with California, you will have to have a attorney.

Best of luck to you. Good job being drug free!! :) :)

Fr_Chuck · Jan 24, 2006, 08:15 AM

First it is great that you are drug free and have turned your life around.
It is wonderful that you have now found someone and are building a home.

It is also great that your kids still stick by you and love you.

It is sad that your mom will not let go, but I have seen it time and again, where after raising the children the grandparents misplace the love for them and start seeing them as their own children.

Instead of custody, would she merely let them come stay with you on a trial basis, since that is what you really want anyway, the children with you. She could still get her little check, still see the kids ( (I assume) and the kids get to be with you.

If that goes well, perhaps she would sign custody back over then. If not, the only choice you have is to hire an attorney and sue for custody.
Depending on the ages of the children they often let them speak their mind in court also ( but I so hate to put kids though that since they are having to choice often between mom and grandma, or at times mom and dad in some cases)

So if something can not be worked out, hiring an attorney is your only choice

satterwhite90650 · Jan 25, 2006, 12:45 AM

I asked my mom if I could have the kids on a trial basis.I suggested that during summer vacation they come and stay with me. I was shocked to hear the word yes come out of her mouth without hesitation. She thought it was a good Idea.

So I want to say thank you. Thanks to you taking the time to respond and give me your opinions and Ideas my custody dilemma is gone for now

:D :D