What are my options if the mother of my son suddenly wants to take him back? 28 Answers as of December 19, 2011

You should immediately do what you should have done as soon as he was living with you, apply for custody of your child and show that he has been living with you for a year.

You need to obtain a court Order to enforce the status quo, and if there is a previous Order for custody-visitation, you need to have that modified. Now is the time to make that application while the facts are on your side. If there is NO court Order at this time, you should not waste another day, as then there are no enforceable rights, and both parents have the power to take and keep the child(ten) away form the other parent until a court can intervene. When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!

You need to file a custody action immediately to establish yourself as the custodial parent and ensure mom cannot leave the state with your son.

She can, of course, file a complaint for custody. Courts don't like disturbing the status quo unless there is a very good reason to do so. Usually, "I changed my mind" does not rise to the level of good reason to change custody. There are a series of factors the courts look at. You can consider, if required, hiring a custody expert. You have lots of options and the cards are stacked in your favor.

Petition the court for custody and for an order of visitation. You may want to also consider a separate petition for child support.

You must file an action to determine custody. Such actions are based on a best interests of the child standard where the result may depend greatly on how well you present your case. You should consult with an attorney regarding your specific issues.

Get a court order affirming the child resides with you if you have not already done so.

File a motion with your local family court to establish custody. As part of your request, provide facts which demonstrate why your child should remain with you as the custodial parent. Best to hire a local family law lawyer to help you, or go to your local courthouse's free legal self-help center.

You need to file for a modification of custody as soon as possible. Generally one needs to show that there has been a material change in circumstances to get a change in an existing custody, visitation, or support order. The fact she sent him to you to live now for over a year and wants to disrupt his stability is a significant change in circumstances.

Your comment does not mention how custody of the child is currently. There are different routes based on whether you already have a court case with custody established or if you have to file a new case to establish custody. You should speak to an attorney directly in family law about your case and the options there are. If you have a court case opened, it could be easier and less costly by filing a Petition to Modify, or if she is moving more than 150 miles away, a Motion to Modify. If you have to start from the beginning you would need to file a Petition and depending on your case, there are different types of petitions that could/should be filed. Contact an attorney in your area soon though before it happens.

You can file for primary physical custody of your son.

You need to file a motion to modify custody, which you're in a good position to do under the circumstances you've described. Contact an attorney quickly and try to get the motion filed as soon as possible, with temporary orders requested so that your son's life doesn't get turned upside down (again). Good luck.

You need to tell me whether either of you was awarded custody by a court. If not, then you should file for custody and maybe an emergency motion to prevent his mother from taking him out of state.

I am assuming that there is no existing court order for custody. If not, then you can file a complaint in circuit court and request that the court award you custody. Depending on the age of the child, he may have a say in the matter. I would recommend consulting with an experienced family law attorney to discuss your case in detail.

You have the right to disagree with Mom. There is no law that says Moms always get custody; in fact, the law favors custodial time with both parents. Sounds llike your son is doing well; so perhaps instead of completely disrupting his routine, Mom should see him one day a week for a while and see how it goes. Transitions should be slow. But get a visitation plan in writing and file it with the court. If this becomes an area of conflict, you need to act. File for a hearing on custody and visitation. His counselor can write a declaration and/or be contacted by the court mediator, and that counselor can attest your son's success. Best of Luck.

You need to see a family law attorney right away. That is not an option. From your phrasing "(T)he mother of my son..." I can only assume you were never married. It also sounds as if you have no formal visitation worked out and approved by the juvenile court. In Ohio, absent an order of the court to the contrary, the unmarried mother is both the residential and custodial parent. Discuss this with your attorney, but it basically means that she can do what she wants. You need to discuss this situation with an attorney right away.

There are an awful lot of unanswered questions here. Is there an order granting you physical custody or was this just done informally? If legally she has the right to custody, you essentially have to give him back until you get an order that he stays with you. Assuming the the existing order gives mom physical custody, you need to file a petition to modify that order. In addition, I would try to get a temporary orders hearing soon after filing. You can generally get a temporary orders hearing in two to three weeks. Given the stakes, and the differences in local practice, I would consult with a local attorney immediately. Good luck.

You should immediately contact an attorney and file an Order to Show Cause for Custody. Your attorney can assist you in showing the court the improvements made by your son during the time that he was with you as well as discuss the fact that his mother had not been involved for a year. The mother will likely receive some type of visitation of the child however the custody orders would prevent her from taking him from his current school.