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I have three kids who my mom adopted. Behind my back) ages 15, 12 & 10 She is not able to care for them as she is getting older. My 15 year old has spent most of his time in and out of behavioral hospitals as my 12 has been there too. Her house looks like something off the hoarders and is just not being taken care of. She refuses to let me take them back because she will lose the checks she recives on them. It is ridiculous and they hate being with her. I also have two children whom live with me ages 3 & 2. I just want them to come home so they can be cared for properly and have a chance at life instead of always being thrown into a hospital. That is the only way she knows how to deal with the situation. Yes I went to jail and was on drugs but I have been clean for 9 years now and have been at my current job for 6 of those years. I just need to know if I can get my kids out of this situation.
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To modify custody you must prove there has been a material change in circumstances (in regard to the children's situation) since the entry of the last order in your case and that it is in the children's best interests for custody to be changed. This can be a pretty heavy burden of proof but you can use things like having an attorney ad litem appointed to represent the children's best interests look into the allegations or asking the Court to appoint psychologist to conduct interviews and possibly administer psychological evaluations. Before a Court is going to change custody they have to be convinced the children's situation is serious and detrimental to them.
Answered on Nov 07th, 2013 at 7:46 AM