Getting custody back of child from my parents

This is a discussion on Getting custody back of child from my parents within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am currently seeking advice on how to obtain custody back of my daughter who is almost two. The court ...

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Old Jan 27th, 2013, 03:58 PM   #1
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Default Getting custody back of child from my parents

I am currently seeking advice on how to obtain custody back of my daughter who is almost two. The court awarded my mom and step father full custody in october of 2011 due to accusations of my daughters father and myself using drugs and leaving our child unattended. We were both asked to take drug tests the day of court and both of us agreed to do so... they did not test us! My parents were awarded temp. custody the same day based on hear-say... later on the same day I then found out that my daughters father was using drugs and had been with a woman who informed my parents of all these things and also he was seeing her. I then left him and became stable, I had a house and vehicle and a steady job and even had a hair test done to prove to the court that I had not used drugs and was clean! Went back to court and had proof of everything stated above and still was denied custody of my daughter! I feel this judge was unfair and he did not find me unfit! How could he award them custody? I have also made several attempts to see my daughter and visit my mother is always busy and has an excuse! I havn't seen my daughter since mothers day! My mother will not even send me pictures of my daughter this has gone too far and I am ready to have my baby back!! Please I need advice on the proper legal actions to take and need to know if I have a chance at getting her back! Also if I can request a different judge
Thank you so much
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Old Jan 27th, 2013, 04:11 PM   #2
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Default Re: Getting custody back of child from my parents

I wish to inform you that you can file a motion in court regarding modification of child custody based upon the fact that parents have first right to have child custody and you can take care of your child. Further you may argue that child custody should be modified keeping in view best interest of child which require love and affection and care of mother. You may also argue that you are not being allowed to meet with your child.

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Old Jan 27th, 2013, 06:22 PM   #3
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Default Re: Getting custody back of child from my parents

Courts generally only seriously consider a custody change due to a change in circumstances. Not yours, the childs. Nothing appears to have changed for her.
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Old Jan 28th, 2013, 01:18 AM   #4
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Default Re: Getting custody back of child from my parents

While every U.S. state follows its own child custody and visitation laws, each state requires its courts to consider the child's best interest. Once the court has made a long-term child custody arrangement, any parent who wishes to change the arrangement must generally get a court order to do so. The parent should follow the child custody modification procedures required by his state. Obtain the child custody modification forms used by your state's family law courts. Prepare the modification request form or motion as instructed by your state court. Contact a family law attorney, legal aid organization, family law self-help center or facilitator's office if you would like assistance with the child custody paperwork.
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Old Jan 28th, 2013, 11:22 AM   #5
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Default Re: Getting custody back of child from my parents

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Originally Posted by proudmom87 View Post
I am currently seeking advice on how to obtain custody back of my daughter who is almost two. The court awarded my mom and step father full custody in october of 2011 due to accusations of my daughters father and myself using drugs and leaving our child unattended. We were both asked to take drug tests the day of court and both of us agreed to do so... they did not test us! My parents were awarded temp. custody the same day based on hear-say... later on the same day I then found out that my daughters father was using drugs and had been with a woman who informed my parents of all these things and also he was seeing her. I then left him and became stable, I had a house and vehicle and a steady job and even had a hair test done to prove to the court that I had not used drugs and was clean! Went back to court and had proof of everything stated above and still was denied custody of my daughter! I feel this judge was unfair and he did not find me unfit! How could he award them custody? I have also made several attempts to see my daughter and visit my mother is always busy and has an excuse! I havn't seen my daughter since mothers day! My mother will not even send me pictures of my daughter this has gone too far and I am ready to have my baby back!! Please I need advice on the proper legal actions to take and need to know if I have a chance at getting her back! Also if I can request a different judge
Thank you so much
Requesting a different judge after one has ruled can be done. But the process requires thorough knowledge of recusal -- for cause. It is something a lawyer should prepare, present and argue.

From what you report, clean drug test and the judge's decision, without more like seeing the entire file and transcript, you may well be right about the judge's decision being biased and not supportable if an appeal had been taken, timely. Judges are granted broad discretion in family law cases and their decisions are not overturned on appeal -- except in situations where no reasonable person would have come to that decision.

My suggestion is that you go in to court next time with an experienced family law attorney who believes in your case and is willing to go as far as it takes to get your rights to your child back. In cases like this a judge needs to see an attorney he respects, who knows the lawyer will take him up on appeal if he makes an untenable decision. And the case is well presented before him.
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Old Jan 28th, 2013, 12:49 PM   #6
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Requesting a different judge after one has ruled can be done. But the process requires thorough knowledge of recusal -- for cause. It is something a lawyer should prepare, present and argue.

From what you report, clean drug test and the judge's decision, without more like seeing the entire file and transcript, you may well be right about the judge's decision being biased and not supportable if an appeal had been taken, timely. Judges are granted broad discretion in family law cases and their decisions are not overturned on appeal -- except in situations where no reasonable person would have come to that decision.

My suggestion is that you go in to court next time with an experienced family law attorney who believes in your case and is willing to go as far as it takes to get your rights to your child back. In cases like this a judge needs to see an attorney he respects, who knows the lawyer will take him up on appeal if he makes an untenable decision. And the case is well presented before him.
Thank you so much for your help on this!! I will get a lawyer involved no doubt... Going at it alone the first time was hard enough! Also being that I'm am in a serious relationship and my boyfriend and I are living together do you think the judge would let me still have custody if him and I wernt married?
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