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Reeves Law Firm, P.C. | Roy L. Reeves
If she got custody because you agreed and there is no paperwork, go take him. If she got custody through the court, you have to file a motion to modify and get the Court to order her to give him back.
Answer Applies to: Texas
Replied: 9/16/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
File an Order to Show Cause in the Court in which Custody was determined, to seek a modification of the Child Custody orders. You would best be represented by an experienced Family Law Attorney in that matter.
Answer Applies to: California
Replied: 9/14/2011
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
You did not describe the circumstances under which your mother came to have custody of your son, or what is now making her unfit to care for him. If simply asked your mother to care for your son, the process could be relatively simple. However, if your mother was made your son's guardian or your parental rights have been terminated, the process might be more complicated. I would suggest that you consult with an attorney about this matter. S/he can review any previous custody orders and tell you the status of your parental rights.
Answer Applies to: Washington
Replied: 9/14/2011
Law Office of Roianne H. Conner | Roianne Houlton Conner
You must file for a modification of the Court order in the Court in which your mother received custody.
Answer Applies to: Alabama
Replied: 9/14/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You must file an Order to Show Cause to change custody. You will need to provide evidence to the court as to why the mother should not have custody of the child.
Answer Applies to: California
Replied: 9/14/2011
Ashman Law Office | Glen Edward Ashman
You start by retaining a lawyer.
Answer Applies to: Georgia
Replied: 9/14/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
File a Custody Complaint at your county;s Domestic Relations Office and prove your allegations in court.
Answer Applies to: Pennsylvania
Replied: 9/14/2011
Law Office of James Lentz | James Lentz
Please see a domestic relations attorney near you. What you want to do is possible, but difficult.
Answer Applies to: Ohio
Replied: 9/14/2011
ROWE LAW FIRM | Jeffrey S. Wittenbrink
You will have to file a petition for a change of custody with the court that gave your mother custody of the child. You will need to show that the circumstances affecting the child's welfare (your mother's fitness) have changed, and that it would be in the child's best interest for you to have custody. You may need to overcome the previous rulings in the eyes of the court. You should consult an attorney for help with this right away.
Answer Applies to: Louisiana
Replied: 9/14/2011
Cody and Gonillo, LLP | Christine Gonilla
Go back to the court that granted her custody and ask for the order to be revoked or modified.
Answer Applies to: Connecticut
Replied: 9/14/2011
Linda C. Garrett Law | Linda Garrett
This is a California-based answer. A person in your situation would file a motion for change of custody. This is a complicated procedure. I recommend you speak to an attorney, or at the very least (if you can't afford an attorney), work with an attorney willing to serve as your coach. A coach answers any and all questions related to your legal issue; however, at no time does the attorney legally represent you in court.
Answer Applies to: California
Replied: 9/14/2011
Law Office of L. Paul Zahn | Paul Zahn
What she has is likely guardianship, not custody (only parents have custody). In order to regain your custody rights, you will need to file to terminate the guardianship. If this is only an arrangement, and not a court order, then you can simply go and get your child. I strongly suggest speaking with an attorney before taking any action.
Answer Applies to: California
Replied: 9/14/2011
John E. Kirchner, Attorney at Law | John Kirchner
Your use of the term "full custody" suggests that your mother is raising your child pursuant to a court order. If the reasons that court order was entered in the first place no longer exist, you can ask the court to change its order. It will up to a judge to decide what is best for your son after hearing all the facts and circumstances, including why your mother got custody in the first place.
Answer Applies to: Colorado
Replied: 9/14/2011
Correia-Champa & Mailhot | Susan Correia Champa
You need to contact an attorney. You need to demonstrate to the court that you are a fit parent to care for your child. The standard in MA is current parental fitness.
Answer Applies to: Massachusetts
Replied: 9/13/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
How you retrieve custody depends on how and why custody was given to your mother. I would advise you to speak with a local attorney about the circumstances of your situation and your possible options.
Answer Applies to: Georgia
Replied: 9/13/2011
Diefer Law Group, P.C. | Abel Fernandez
You need to go to court and get court orders awarding you custody. If the other parent has full custody, you need a court order changing those orders.
Answer Applies to: California
Replied: 9/13/2011
Hochman and Peppler, LLC | Thomas R. Peppler
You must file a supplemental petition to change custody based upon a substantial change in circumstances that adversely affect the welfare of the child. After a trial, the court will makea decision as to how the previous order should be changed.
Answer Applies to: Florida
Replied: 9/13/2011
Vincent J. Bernabei LLC | Vincent J. Bernabei
You file a motion for modification of custody in the same court that gave custody of the child to your mother.
Answer Applies to: Oregon
Replied: 9/13/2011
