How do I get my son back from my mother? 22 Answers as of June 25, 2013

My mom has full custody of my child. She isn't fit to take care of him anymore. How did I get him back?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Reeves Law Firm, P.C.
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
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.
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
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
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
You need to file an action in court. I would need more information to determine what type of action and what court to file in.
Answer Applies to: Michigan
Replied: 6/24/2013
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    File a termination of guardianship case.
    Answer Applies to: California
    Replied: 6/25/2013
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | 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
    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.
    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
    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
    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
    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 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
    John E. Kirchner, Attorney at Law
    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
    Law Office of L. Paul Zahn
    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
    Correia-Champa & Mailhot
    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
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You have to file a petition with the Court.
    Answer Applies to: New Jersey
    Replied: 6/25/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney