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    autumnrose22's Avatar
    autumnrose22 Posts: 12, Reputation: 1
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    #1

    Mar 21, 2012, 08:19 PM
    Can I re-obtain custody?
    I was a teen mother I had my son up until he was almost four when I moved out of my grandmothers house to another state financially things were not going well and my father who I moved in with was mentally abusive to my son and I. I asked my grandmother to take my son until I became stable, she moved from California to Colorado with my aunt and uncle who I signed over guardianship to. Just when I started to get on my feet they sent custody paperwork to me and I was going to have to go to Colorado for court I did not have enough money to do that or gain a lawyer so I signed custody and there was no end date. So now I am living in Washington have a job and an apartment I am wanting to re-obtain custody of my son we are so close and he misses me as I do him. I am currently looking for a lawyer and just ask is there any possible way to get my son back? They made many allegations about me in court. My aunt who has my son in her custody is not blood related and asked for my son when I was 16 and pregnant I said no I graduated from high school went to college and now trying to get on my feet. Now she wants my son for good she abandoned her 3 children to join the military and has a good lawyer through the military what do I do I don't know where to start…..
    Illusion's Avatar
    Illusion Posts: 195, Reputation: 33
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    #2

    Mar 21, 2012, 09:55 PM
    Find out if there is free legal advice - something like "Legal Aid" - so that you consult with a family law attorney. You have not lost your parental rights - so that is good. Stay calm and do not blame the person who is caring for your son for this issue. You need her right now to take care of your boy and while you do not have to be friends with her - you do need to be polite. She is taking care of someone you love very much -and for that you can only be grateful. Your situation will work out - you just need to find legal assistance in this matter.

    I would also suggest that if allegations have been made against you - do not argue back - take a parenting class, go to counseling - and get letters of confirmation that will show the court that you have taken action to improve your parenting skills. Some places offer free parenting classes - others you have to pay. Try a local adult school or look online.

    And remember - make sure you stay in touch with your son. Visit as often as you can and then keep in touch by phone calls, cards, etc. Take care.
    autumnrose22's Avatar
    autumnrose22 Posts: 12, Reputation: 1
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    #3

    Mar 22, 2012, 02:16 AM
    More to the custody battle
    Thnk you so much for your advice illusion…... they just barely started to let me talk to my son because he would cry for me when we did talk. Of course he is he misses his mommy. The allegations they made for against me were wrong the only thing I am guilty of is not having a stable childhood myself in and out of homes my dad threw me in not knowing my mother. I have bad depression which subsided greatly when I brought my son into this world. I want the best for him and I know I can't provide all of the material possessions they can but I can make sure there are clothes on him he goes to a great school, sports, crafts, food, I eat all organic and so did my son, I was always making crafts with him we were attached at the hip. He walked with me at graduation he kissed me before prom. I just never had any help financially. I would not object to parenting classes anything I need to have him back in life drug tests, house calls, anything. My son is my whole world and I want to break the cycle of my family. I sent him a box of things for his birthday and they sent them back to me. I can call him Friday, sat, or sun between 3-5 I try to call every weekend but it is so hard because my heart hurts so bad after talking to him. He had been though a lot his grampa passed away who he was so close to we moved from California to Arizona and then into a woman's shelter I wasn't stable I was not into drugs never have been he was very angry so I asked him what he wanted one night he was crying so hard he said he wanted to go visit grandma in Colorado and so I called her and asked her to help him you know counseling get him started in school a stable home until I get on my feet.. I moved around a lot after he left it was the hardest thing I ever had to do I got stable in Idaho where I was originally from when she sent me court paperwork after that I new a 7.50 an hour job wasn't going to cut it so I moved to Washington.. I know I need a lawyer I don't want him taken out of there life. I mean my grandma is having him call my uncle daddy so now I am in a rut because I don't want him separated from someone he considers daddy which I think is totally weird and confusing for him eventually. But I just really hope to find a lawyer who is willing to let me make payments or something I am going to do everything I can to have my son back like I said he is the world to me. I know I am a good mother I just needed to get stable. ----sorry diddnt mean to write in caps
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 22, 2012, 05:05 AM
    The problem you have is that since the current custody order was issued in CO, they have jurisdiction so you have to fight it there.

    The strategy I would take is to get an emergency order to allow you regular contact with the child at least daily phone calls, while you fight to regain custody.

    How old is your son? If he is old enough the court may listen to his preference. But you need an attorney with a CO affiliate to fight this there.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 23, 2012, 05:09 AM
    I must be mis-reading this. Allegations were made against you I Court? I thought you signed the custody papers without going to Court - ?
    autumnrose22's Avatar
    autumnrose22 Posts: 12, Reputation: 1
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    #6

    Mar 23, 2012, 10:45 AM
    There were two court dates one, the first one I sent in a motion to appear by telephone and a written objection to the clerk, and my aunt, and uncle. The judge just basically asked me if I had someone to represent me, I didn't. I didn't really understand what was going on but it was only like 5 minutes and then she gave it another two months before the next court date but my aunt, and uncle said that they wouldn't take me to court again and make me go all the way down there and pay for a lawyer if I just sign over custody, they said they would provide him with excellent medical, a college fund, and anything else he needed I wanted him back dearly but I didn't want to be selfish I wanted him to have the things I didn't have. So that's what I did. But I also new that I could re-obtain him when I thought the time was right. And that is what I am wanting to do over the next few months.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Mar 23, 2012, 11:01 AM
    Before you do anything you need to get the paperwork from your first Court appearance(s) so you know EXACTLY what it says. The Court can provide copies for a small charge.

    I know you've been in contact by telephone. How often do you actually see him?
    autumnrose22's Avatar
    autumnrose22 Posts: 12, Reputation: 1
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    #8

    Mar 23, 2012, 01:01 PM
    I have not seen him in a year they won't let me. I have sent him gifts and they get sent back to me all they will give me as far as an address is a P.O box, I call him every weekend I am allowed to call frid, sat, or sun, between 3-5 sometimes I just call my grandma on the weekdays to see how he is doing. Sometimes he cries for me and my grandma tells him to say goodbye and takes the phone away from him. She tries to get him to call me by my first name but he won't haha. If I do regain custody of him even though I have been hurt by my family I still want him in there lives. Can you do partial custody with another family member? I hate that I have to share my child with someone who has dragged me through the dirt emotionally but I want my son to be happy. And I know how much they love him.
    autumnrose22's Avatar
    autumnrose22 Posts: 12, Reputation: 1
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    #9

    Mar 23, 2012, 01:14 PM
    Also what am I looking at financially for a lawyer? And what kind of information will I need to provide to the court house to receive the paperwork from the last court date?
    autumnrose22's Avatar
    autumnrose22 Posts: 12, Reputation: 1
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    #10

    Mar 23, 2012, 01:30 PM
    I have there lawyers information should I call her and get the paperwork or should I go through the court house?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Mar 23, 2012, 03:41 PM
    If their lawyer will provide you with the paperwork it might be easier. If not you have to go through the court.

    They are obviously afraid you will regain custody, which is why they are restricting your access to him. Since they have an attorney, you absolutely need one otherwise you will lose.

    Once you get an attorney, they will tell you what you need to produce in terms of documentation.
    autumnrose22's Avatar
    autumnrose22 Posts: 12, Reputation: 1
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    #12

    Mar 23, 2012, 03:50 PM
    OK so if when I obtain a lawyer do they have to live in Colorado and be licensed there or can they be located here in Washington but be licensed in Colorado?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Mar 23, 2012, 03:53 PM
    You will find a local attorney with an affiliate in CO. Your attorney and the affiliate will work together.
    autumnrose22's Avatar
    autumnrose22 Posts: 12, Reputation: 1
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    #14

    Mar 23, 2012, 04:05 PM
    Ok great do you know of any good websites I could look through to find a lawyer instead of getting the run around?
    Illusion's Avatar
    Illusion Posts: 195, Reputation: 33
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    #15

    Mar 23, 2012, 11:43 PM
    I think Judy is right - it would best if you went to the Court where your case was heard and get copies of the Court orders. I recently went to one Courthouse to get copies and I did not have to pay anything for the copies. Once you have the copies, see about a place that offers free legal advice. Get information first and then see about getting an attorney.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    Mar 24, 2012, 04:52 AM
    Quote Originally Posted by autumnrose22 View Post
    Ok great do you know of any good websites I could look through to find a lawyer instead of getting the run around?

    Your County or State Bar Association is the best place to look for someone who specializes.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #17

    Mar 24, 2012, 05:27 AM
    Quote Originally Posted by Illusion View Post
    Get information first and then see about getting an attorney.
    Often an attorney will have an easier time of getting info from the courts. They know the process.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #18

    Mar 24, 2012, 06:14 AM
    Quote Originally Posted by ScottGem View Post
    Often an attorney will have an easier time of getting info from the courts. They know the process.


    I was thinking in terms of having the basic paperwork so OP can present the facts and documentation to an Attorney as opposed to sort of a general "I signed over custody but ..." first visit, at a charge, followed by another visit when the paperwork is available.

    But, yes, you're right - an Attorney can get the paperwork a whole lot easier than one of the parties.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #19

    Mar 24, 2012, 07:18 AM
    Quote Originally Posted by autumnrose22 View Post
    OK so if when I obtain a lawyer do they have to live in colorado and be licensed there or can they be located here in washington but be licensed in colorado?
    The attorney would have to be licensed in Colorado.

    Quote Originally Posted by ScottGem View Post
    You will find a local attorney with an affiliate in CO. Your attorney and the affiliate will work together.
    A Washington law firm with offices in Colorado would be great, but not necessary. Or a Washington attorney willing to cooperate with the Colorado attorney, help you assemble evidence, etc. The main thing is to get the Colorado attorney, with whom you can communicate by phone, e-mail, etc. if necessary.

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