More details to this question:
My mom has full custody of my child. She isn't fit to take care of him anymore. How did I get him back?
14 ANSWERS
Gary Moore
You have to file a petition with the Court.
Answered on Jun 25th, 2013 at 1:02 AM
Family Law Attorney serving Pasadena, CA
at
Law Offices of Paul P. Cheng
Update Your Profile
File a termination of guardianship case.
Answered on Jun 25th, 2013 at 12:45 AM
Steven D. 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.
Answered on Jun 24th, 2013 at 12:58 AM
Administrative-Regulator Attorney serving Seattle, WA
at
Law Offices of Karen A. Clark
Update Your Profile
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.
Answered on Sep 14th, 2011 at 2:22 PM
Roianne Houlton Conner
You must file for a modification of the Court order in the Court in which your mother received custody.
Answered on Sep 14th, 2011 at 1:58 PM
Patricia C. 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.
Answered on Sep 14th, 2011 at 12:35 PM
Glen Edward Ashman
You start by retaining a lawyer.
Answered on Sep 14th, 2011 at 12:15 PM
Criminal Defense Attorney serving Pittsburgh, PA
at
Law Office of Jeffrey L. Pollock
Update Your Profile
File a Custody Complaint at your county;s Domestic Relations Office and prove your allegations in court.
Answered on Sep 14th, 2011 at 11:52 AM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
Please see a domestic relations attorney near you. What you want to do is possible, but difficult.
Answered on Sep 14th, 2011 at 10:43 AM
4 Awards
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.
Answered on Sep 14th, 2011 at 7:20 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
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.
Answered on Sep 14th, 2011 at 6:45 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
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.
Answered on Sep 14th, 2011 at 6:44 AM
Family Law Attorney serving Boston, MA
at
Law Offices of Susan Correia-Champa
Update Your Profile
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.
Answered on Sep 13th, 2011 at 3:41 PM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
You file a motion for modification of custody in the same court that gave custody of the child to your mother.
Answered on Sep 13th, 2011 at 3:12 PM