How can I get custody of my daughter back from my mother in Delaware?

Asked over 5 years ago - Delaware City, DE

2 1/2 years ago my mother and grandmother filed a joint guardianship petition for my daughter against me. They were granted temporary guardianship, and have been raising my daughter since, although I've been in constant contact and visitation with her. I am now more financially stable, go to college,have a 4 months old son, and have all together cleaned up my life completely. My grandmother has told me that she wants me to go and get custody of my daughter back because she fears that my mother's home is an unstable environment; due to my step-father's drinking problems and my mothers emotional instability. I brought up the fact that I wanted to get custody of my daughter back to my mother and she refused, saying "I'll never let you take her back". I would like to moved away and break all contact with my mother and the strenous relationship we've had over the years, but I can't leave my little girl behind, I know it would break her heart. Are there any certain provisions that I could use in court to win custody of my daughter back even if my mother doesn't consent?

Attorney answers (1)

  1. Douglas Holbrook

    Contributor Level 17

    Answered . Now that you are older and in a different place in life, you would want to file a petition to modify the prior order granting a temporary guardianship to your mother. The fact that your mother does not consent and in fact opposes it is only one factor. You need to provide evidence to the court that it would now be in the best interest of your oldest, to return custody back to you. Your grandmother's testimony will support your position.

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