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

Asked over 1 year ago - 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)

  1. Thomas James Daley

    Pro

    Contributor Level 18

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    Answered . 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!!

  2. Vicki Elaine Wiley

    Contributor Level 14

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    Answered . 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... more
  3. Jacqueline R. Kriebel

    Pro

    Contributor Level 14

    Answered . 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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