How can I get my son from his mother's mom if she doesn’t have legal custody over him? 25 Answers as of October 23, 2012

I got ran over by my wife on the 6th of October and she went to jail while I was in the ER. Her mom came and got my son from her before she went to jail and now I am having a hard getting my son from her. She doesn’t not have legal custody of him and she refuses to let me see him or give him to me what do I need to do to get my son from her if nor me or his mom has done any custody hearing for my son.

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Contact your local police to assist in having the maternal grandmother surrender the child to you.
Answer Applies to: California
Replied: 10/23/2012
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
You have a few options... 1. call the police ad have them go pick him up 2. file a family court petition for legal custody.
Answer Applies to: New York
Replied: 10/23/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Hire an attorney to file a motion to change custody in your divorce action.
Answer Applies to: Michigan
Replied: 10/22/2012
Law Offices of Mark R. Smith, P.C.
Law Offices of Mark R. Smith, P.C. | Mark R. Smith, Esq.
If you are married to child's Mom, you should file for divorce. If you wee /are not married to her you may need to file a Complaint to Establish/Confirm Paternity and for Custody and/or Child Support.
Answer Applies to: Nevada
Replied: 10/22/2012
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
If you were not married, the mother has custody by law, and you have no rights until you go to court and establish them. You need to file for parenting time or custody. If you have not done so already, you have to establish your paternity.
Answer Applies to: Ohio
Replied: 10/22/2012
    CHANNELL LAW FIRM | WARREN T CHANNELL
    Depends...on whether your paternity has been established. If not, get it done, if done, contact an atty to get child from grandmother.
    Answer Applies to: Florida
    Replied: 10/22/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If the police won't assist you in recovering the children you will probably need to file a legal case to obtain/regain custody because if there is no court order establishing your parental rights you need to get one. If you were never married to the mother and there was never any court order stating what your parental rights are, the simple answer is that you have no legal rights until a court says you are the father and spells out what your rights are.
    Answer Applies to: Colorado
    Replied: 10/22/2012
    Pollock & Associates LLC | Candice Ragsdale-Pollock, CWL
    By Utah law, you as the natural parent, have superior rights over the grandmother, unless they if can prove you have been abusive to the child or will case imminent harm to the child. I would advice you to seek counsel to obtain an immediate Temporary Restraining Order, or other legal action, in order to obtain the custody of your child.
    Answer Applies to: Utah
    Replied: 10/19/2012
    John Russo | John Russo
    You answered you'r own question. Final an emergency petition with you'r version of the family court for sole custody and placement of the minor child. The grandparent has zero (0) rights to this child, but I would not wait to long if I were you. P.S. she cannot not get custody of this child, the best she could hope for would be a legal guardianship, but she would have to show that you are a danger and unfit to be around this child, again you'r rights tower over her's but don't sit around picking you'r nose, and saying I do something next week!! Because next week will never come, get moving!!!
    Answer Applies to: Rhode Island
    Replied: 10/19/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    You should be able to if you are the biological parent the law recognizes your right to custody.
    Answer Applies to: Georgia
    Replied: 10/19/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You should call the police. If grandmother does not have legal custody, then the police should let you have custody. If not, you can file an exparte hearing and ask for court orders that the child be surrendered immediately.
    Answer Applies to: California
    Replied: 10/19/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Go to court and file for custody. If you have a custody order, take it with you to the house an ask the police to accompany you to collect your son. They can keep the peace. The longer you wait to get a court order, the harder it will be to get custody.
    Answer Applies to: California
    Replied: 10/19/2012
    The Law Office of Kate M. Forrest, PLLC
    The Law Office of Kate M. Forrest, PLLC | Kate Forrest
    Unless there is a court order stating otherwise, you have full custody rights to your child and she has none. You may even call the police if necessary to help you retrieve your children because she is withholding them unlawfully. There are no grandparent rights in Washington.
    Answer Applies to: Washington
    Replied: 10/19/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    If you have birth certificate to prove you are the father and obtain proof mother is in jail file a kidnapping charge against wife's parents
    Answer Applies to: Alabama
    Replied: 10/19/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    If you never legitimated this child, his mother has all of the parental and custodial rights to the child.
    Answer Applies to: Georgia
    Replied: 10/19/2012
    Attorney At Law | Harry D. Roth
    If you have a court order for custody, just take the police and go. If you do not, then apply for a court order for custody as part of a divorce or non-marital custody action, give notice to the mother (in jail if need be) and to the grandmother and get the custody order pronto. If you believe your son to be in danger, call the police.
    Answer Applies to: California
    Replied: 10/19/2012
    Hamblin Law Office | Sally Hamblin
    Were you ever married to the son's mother? If not, the grandmother is in the right. You need to work on visitation with the son's mother when she gets via put of jail.
    Answer Applies to: Michigan
    Replied: 10/19/2012
    Victor Varga | Victor Varga
    Grandparents have no custody or visitation rights, but you as the biological parent does, so all you have to do is go and pick up your son. Bring the police with you, as you have all of the rights, and she has none.
    Answer Applies to: Maryland
    Replied: 10/19/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Go to her house with a witness when you reasonably believe the child is present, knock on the door and ask for your son. If she does not answer, slams the door, or refuses, call the cops. Explain the situation and the cops will either assist or say this is domestic and they can do nothing - both are options and you cannot make the officer choose the one in your favor. If the cop helps you our, you get away cheap. DO NOT GO ALONE, AND DO NOT DISTURB THE PEACE, AND DO NOT DO ANYTHING YOU WILL REGRET LATER like making threats, kicking the door in, etc. It may be a natural reaction but don't do it. Worst case, get the cops's name, request a police report be made, sue grandma in court.
    Answer Applies to: Texas
    Replied: 10/19/2012
    WARREN LAW GROUP PC | RANDY WARREN
    This is a highly urgent matter. Get a good attorney immediately. Unless grandma obtained a temporary guardianship, you are the only person with legal custody of this child unless your parental rights were never established. Do not take self-help, meaning don't physically take your son out of grandma's home or arms. You need to get in court very fast to get custody established and/or an order placing the child in your care. If you do this without an attorney who has handled this type of matter before, or attempt it without an attorney at all, it is way too easy for you to get outplayed.
    Answer Applies to: California
    Replied: 10/19/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    It is a crime to interfere with custody. Consult with an attorney in your area. The grandmother has no rights and is committing a third degree felony. You are the father and have God-Given rights according to the case law in Florida.
    Answer Applies to: Florida
    Replied: 10/19/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If there is no custody order in effect at all then you need to call the police and tell them what's going on and ask them to accompany you to your mother-on-law's house to get your son. Tell them that she is illegally withholding your son from you.
    Answer Applies to: Georgia
    Replied: 10/19/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I need more details but unless there is a contradictory order of a court it would appear the you, not her mom, has custody rights over the child. Consult an attorney before taking action.
    Answer Applies to: Michigan
    Replied: 10/19/2012
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