QUESTION
Can I get back custody of my children from grandmother who wants me to have custody?
Asked on Feb 22nd, 2014 on Child Custody - Idaho
More details to this question:
In 2010, my kids were taken from me over marijuana in the house. My husband (not biological father) was charged with the pot and I still have never had a drug charge. DCS removed my children. The judge granted custody to my parents with their discretion on me visiting my children, and DCS closed my case. I have been to parenting class, rehab, have held a job, and get them every weekend. Me and said husband split right after. My mother agrees that I deserve custody and have worked hard to get it back but the judge in the county I have to go before has disliked me and my poor taste in men for a long time (small town). I was wondering if there is a way for my mother to sign custody back over to me without going to court and/or getting DCS involved again.
2 ANSWERS
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If the grandmother has custody rights, she can grant you temporary custody rights by a Power of Attorney form for temporary guardianship and renew it periodically. An experienced attorney would need to review your case in detail to determine whether a court order for you to have custody of your child can be obtained.
Answered on Feb 26th, 2014 at 4:56 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know about DCS, but she cannot sign custody over to you. The court will have to terminate the guardianship. Grandma cannot do it.
Answered on Feb 25th, 2014 at 5:47 PM