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How to get custody of my son back from my parents?

Amarillo, TX |

My parents have had my son for 5 years. I have been trying for 4 years to convince them to give him back to me. After I separated from my sons father I was unable to take care of my son, therefore I agreed to give my parents custody. It was suppose to be temporary but after a couple of months I realized them meant to keep him. I have over the past few years turned my life around, married an excellent man and have a house and job. I recently had a conversation with my mother about getting my son back. She got upset and said I would never get him back, so I decided I would take her back to court or do anything that I had to do to get my son. I do owe child support because I had just been giving the money to my mom not realizing that it was suppose to be sent in. Please I need advice

Attorney Answers 3

Posted

If you live in the same school district as your parents, you might be able to get your son back. You are going to have to argue that there has been a material change in circumstances since the last order was written (which there probably has been) **AND** that the requested change is in your child's best interest. You're going to have a hard time on that point.

Have you been exercising all your visitation rights? Have you met with your child's teachers to know what classes he's taking, how he's doing class by class? Would your child have to change schools if he came back to live with you? These are all factors that the court will consider.

You are going to have to hire an attorney to win this case.

Good luck!!

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Asker

Posted

Visitation has been court ordered but my mother doesn't follow it. I am suppose to get my son every other weekend and every other holiday, but she doesn't even let him stay the night at my house. I do owe back child support so she hangs that over my head. I attend most school events, my mother hasn't been to one since he started school two years ago. So his teacher knows me. He would not have to change schools, we live in the same town. He is extremely over weight which worries me tremendously! My mother lets him eat anything he wants and everything he wants. she never lets him play outside. she lives on a farm outside of town but I go see him everyday. I just need to know the steps to getting him back... will I need to pay the back child support I have? And are there any forms I need to fill out

Thomas James Daley

Thomas James Daley

Posted

It's great that you are exercising all that possession time and that it would not be a big disruption in his life to come live with you. You need to start exercising your overnights if they are court-ordered. Don't let your mom bully you. In Texas, child support and possession & access are two different and unrelated things. If you are behind on support, you still get to exercise all your court-ordered visits. If you never get to visit, you still have to pay child support. Finally, it's not a matter of filling out forms to get your child back. It's a matter of aggressively and competently prosecuting a complicated lawsuit. You're going to need an attorney to do this for you. It is too easy for judges to just "let it ride" when there are already orders in place. You need the energy of a competent family law attorney to overcome this judicial inertia. Good luck!!

Posted

I agree with the other attorney's advice, and would add that if you are not exercising standard visitation, or if hat is not ordered, you will need o begin here. This will make the transition easier or he child, if you do win primary conservator, and show the court you care nough about the child's emotional health to not just yank him out of the only home he has known.
Please consult a local family law attorney! Many attorneys, like myself, offer a free consultation.

This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

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Posted

I do try to follow the visitation but my mother wont cooperate, he is suppose to be with me every other weekend but she wont let me take him. She hangs the back child support that I owe over my head, even though I've given her the money there is no record because I didn't send it in.. I am willing to take things slowly but he knows very well, Ive never left him or abandoned him, he just hasn't lived with me since he was very small but he really wants to.

Vicki Elaine Wiley

Vicki Elaine Wiley

Posted

Then start with a motion for enforcement of possession. It is illegal to withhold visits over arrears on child support. Find a local attorney to help you. Good luck!

Posted

I agree with the other attorneys but would like to add that you should work on establishing a solid, loving relationship with your child. Keep in mind, your child can decide where he wants to live when he turns 12. So if you can't win now, start planning to get him back later.

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