Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Reeves Law Firm, P.C. | Roy L. Reeves
Do you have any custody papers saying what times/days she has to let you see your son? If so, file a motion for enforcement and contempt. Another option is to get custody away from her.
Answer Applies to: Texas
Replied: 9/16/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
File a Motion or Order to Show Cause in the Probate Court where the Guardianship Action is filed, seeking specific visitation time with your son.
Answer Applies to: California
Replied: 9/14/2011
Law Office of Roianne H. Conner | Roianne Houlton Conner
You must file in the Court where the grandmother received custody for a specific visitation schedule. If she refuses to abide by the schedule then she can be jailed for contempt of court.
Answer Applies to: Alabama
Replied: 9/14/2011
Horizons Law Group, LLC | Michelle B. Fitzgerald
If it is a legal guardianship through the courts, you should have orders on your time/rights. If not, you can bring a petition in court to establish this.
Answer Applies to: Wisconsin
Replied: 9/14/2011
Jones & Williams | Elizabeth Jones
If you have an order of visitation and she does not comply make a police report when she refuses. That might get her attention. Otherwise take her back to court.
Answer Applies to: California
Replied: 9/14/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You should file a request with the court for visitation of your child. If she withholds the child against a court order, you may be able to seek a change of custody.
Answer Applies to: California
Replied: 9/14/2011
The Law Office of Cathy R. Cook | Cathy R. Cook
If you have a court order allowing you parenting time with your son, you need to file a contempt motion against your mother-in-law for violating the court order.
Answer Applies to: Ohio
Replied: 9/14/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
File a Petition to Enforce your custody order with the judge/court that issued the order.
Answer Applies to: Pennsylvania
Replied: 9/14/2011
Law Office of James Lentz | James Lentz
See a local domestic relations attorney. This is not something you can take care of alone.
Answer Applies to: Ohio
Replied: 9/14/2011
Linda C. Garrett Law | Linda Garrett
California-based answer. One option: file a motion to terminate the guardianship-assuming, of course you have a legal basis to have the guardianship terminated. If you are seeking to terminate it, are you ready, willing and able to resume your full duties as a parent? This is the question the court will want you to answer. No doubt, there are many facts underlying your decision; therefore, I strongly recommend you speak to an attorney in your area. Good luck.
Answer Applies to: California
Replied: 9/14/2011
ROWE LAW FIRM | Jeffrey S. Wittenbrink
By stating you "still have your rights" to him, I am presuming that there is a court order in effect that specifies some visitation or other custody rights for you, even though the grandmother "has guardianship." If this is correct, she must obey the court order, or you will have to take her back to court for not complying with the court's orders regarding your son.
Answer Applies to: Louisiana
Replied: 9/14/2011
Cody and Gonillo, LLP | Christine Gonilla
File a contempt motion for her failure to permit you to exercise your visitation rights.
Answer Applies to: Connecticut
Replied: 9/14/2011
Law Office Of Jody A. Miller | Jody A. Miller
Under Georgia law a guardianship is terminable at will by the parent, so if you want to terminate the guardianship you would need to hire an attorney to help you with that. However, it sounds like there may be some more complicated custody issues here, so it would be best for you to consult with a family law attorney about the details of your situation and have the lawyer advise you on the best course of action.
Answer Applies to: Georgia
Replied: 9/14/2011
John E. Kirchner, Attorney at Law | John Kirchner
If your mother in law has guardianship that means there is a court in charge of keeping track of your's son's welfare and there is some kind of order concerning your rights to access the child. If your mother in law is violating the terms of a court order, you can ask the court to hold her in contempt for violating the order. If there is no court ordered access for you now, you can ask the court to grant you visitation and access rights. Depending on the circumstances and the reasons your mother in law obtained guardianship in the first place, you may also be able to have the guardianship terminated and the child returned to you. If everything else is equal, a parent has a constitutional priority to raise his/her own child; but, of course, it is a rare case that everything is "equal" and a court will have to balance your constitutional rights against the child's best interests. You need to consult an attorney to get a better and more accurate assessment of what you can do.
Answer Applies to: Colorado
Replied: 9/14/2011
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You may need to go to the Court and have the Judge order that you can see him.
Answer Applies to: New Jersey
Replied: 9/13/2011
Diefer Law Group, P.C. | Abel Fernandez
If there is a guardianship case, then you need to go into the court that awarded the guardianship and seek a visitation schedule and request that you have court ordered visitation.
Answer Applies to: California
Replied: 9/13/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
File a motion in the guardianship case requesting specific court ordered visitation.
Answer Applies to: California
Replied: 9/13/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
You can file a complaint with the court to enforce your rights (if the existing order granted visitation to you), modify the order (if it did not but you want visitation granted), or terminate the guardianship.
Answer Applies to: Georgia
Replied: 9/13/2011
Law Office of Margaret D. Wilson | Margaret Wilson
Assuming you have a court order giving you the right of visitation, you will need proof that she is keeping your child from you. If you can prove that she is keeping your child from you in violation of a visitation order you can file on Order to Show Cause Re Contempt for her willful failure to follow the Court's orders.
Answer Applies to: California
Replied: 9/13/2011
Hochman and Peppler, LLC | Thomas R. Peppler
You must file a motion with the court to obtain or enforce contact rights.
Answer Applies to: Florida
Replied: 9/13/2011
