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How do i go about getting my boy back from my parents

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iam 26 yrs old and about a year ago i was having hard times i got caught up with drugs (ive been clean 5months) now that iam clean i want my boy back my parents wont let me talk to him at all (i saw him for 20 min on xmas ) i dont know what to do please give me advice

Attorney Answers 3


  1. There are not enough details. If your parents have a court order giving them custody, you have to pursue different legal avenues than you would if they don't have any legal rights.

    I recommend that you schedule an appointment with an experienced family law attorney, or sign up for a short meeting with a volunteer attorney at a clinic in your area.

    If this answer is helpful or the best answer, please say so. This is for general information purposes only, and not as legal advice for any individual case or situation. Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. No information disclosed in these questions and opinions will prohibit this lawyer from representing a different client in the matter.


  2. As the biological parent you have a legal right to custody immediately, unless your parents have a court order granting nonparental custody to them. See my AVVO Legal Guides on nonparental custody for more information about the legal issues raised by your inquiry. Click on my photo; on my AVVO home page scroll down to "Contributions"; click "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. You may also want to schedule a free ½ hour consultation with me by calling my office at 253-815-8440.

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes


  3. If your parents don't have a Court order granting them non-parental custody and you are clean, sober, and able to properly care for your son, then you will probably be able to "get your son back" quickly. If your parents have such a Court order, you will probably still be able to get your son back, but there will be several other considerations and requirements in doing so.

    In most cases, our Courts prefer that responsible, stable biologocal parents have "custody" of their children over all others..

    In either case, I recommend you hire an experienced family law attorney immediately to guide you through any process or Court filings required. Good luck.

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