My mother has had tempory custody of my children since 2001. I have never been proven unfit and have done all that the courts have asked for me and my husband to do. It has been long years and still can't get into court. What do i do now?
2006-11-27 05:01:28 · 4 answers · asked by tamatha b 1 in Pregnancy & Parenting ➔ Parenting
You don't have to be proven unfit, the courts (and it varies by the state) usually rule in what they consider to be the best interests of the child.
In 2001, for whatever circumstances, it sounds like the courts thought it be best that the children be with their grandparents. Now, they may consider it still be best as it's what the child is used to. They don't have to declare you unfit, they just try to determine where the child is better off or safer or whatever.
You will have the best chances if you can find a lawyer (and there are often legal aid resources if you can't afford one, or you may be able to get one for free) and petition the court.
If you don't know where to start, try the family division of your courthouse (if it has one) or the court clerk, and ask if there are any free legal resources for custody issues. They certainly should have a list of who you can contact to get started.
One way or another, you should have legal representation by someone who deals with this stuff, and they can help you to make the case to get them back, or at least do what they can to maximize your rights.
2006-11-27 05:17:02 · answer #1 · answered by T J 6 · 0⤊ 0⤋
The court wouldn't have awarded custody the the grandparents without good reason. You may have to wait until the children are old enough for the court to accept their wish to live with you. That is usually 11 years old, but may vary from state to state.
In the meantime, ask the court for a hearing. If the grandparents were awarded temporary custody, there must have been a condition of their return to you, and the hearing will be granted. Get some legal advice on your opptions.
2006-11-27 13:18:38 · answer #2 · answered by AnnieD 4 · 0⤊ 0⤋
keep trying! But why would the courts award the children to their grandparents anyway? Hmmmmmmm!!!!
2006-11-27 13:04:07 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You speak with a lawyer and let him or her handle this.
2006-11-27 13:03:01 · answer #4 · answered by kja63 7 · 0⤊ 0⤋