QUESTION
What can I do if my mother in law is keeping my son from me?
Asked on Sep 13th, 2011 on Child Custody - Colorado
More details to this question:
My son's grandmother has guardianship of my son and refuses to let me see him. She hides from me and I still have my rights to him, so what do I have to do to make sure she has to let me see him?
11 ANSWERS
Family Law Attorney serving Little Rock, AR
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Tammy B. Gattis Attorney at Law, P.A.
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File contempt.
Answered on Jun 25th, 2013 at 1:02 AM
Steven D. Dunnings
File a motion with the court that granted the guardianship.
Answered on Jun 24th, 2013 at 12:58 AM
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.
Answered on Sep 14th, 2011 at 2:03 PM
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.
Answered on Sep 14th, 2011 at 1:51 PM
Patricia C. 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.
Answered on Sep 14th, 2011 at 1:01 PM
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.
Answered on Sep 14th, 2011 at 12:57 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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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.
Answered on Sep 14th, 2011 at 12:04 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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File a Petition to Enforce your custody order with the judge/court that issued the order.
Answered on Sep 14th, 2011 at 11:52 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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See a local domestic relations attorney. This is not something you can take care of alone.
Answered on Sep 14th, 2011 at 10:45 AM
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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.
Answered on Sep 14th, 2011 at 7:20 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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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.
Answered on Sep 14th, 2011 at 7:08 AM