QUESTION

How can I get my son from his mother's mom if she doesn’t have legal custody over him?

Asked on Oct 18th, 2012 on Child Custody - Michoacán
More details to this question:
I got ran over by my wife on the 6th of October and she went to jail while I was in the ER. Her mom came and got my son from her before she went to jail and now I am having a hard getting my son from her. She doesn’t not have legal custody of him and she refuses to let me see him or give him to me what do I need to do to get my son from her if nor me or his mom has done any custody hearing for my son.
Report Abuse
13 ANSWERS
Steven D. Dunnings
Partner at
  • 4.4/5.0
  • 0
  • 1
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Oct 22nd, 2012 at 11:28 PM
Hire an attorney to file a motion to change custody in your divorce action.

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Oct 22nd, 2012 at 10:24 PM
If you are married to child's Mom, you should file for divorce. If you wee /are not married to her you may need to file a Complaint to Establish/Confirm Paternity and for Custody and/or Child Support.

Report Abuse
Answered on Oct 22nd, 2012 at 10:12 PM
If you were not married, the mother has custody by law, and you have no rights until you go to court and establish them. You need to file for parenting time or custody. If you have not done so already, you have to establish your paternity.

Report Abuse
Answered on Oct 22nd, 2012 at 9:39 PM
Depends...on whether your paternity has been established. If not, get it done, if done, contact an atty to get child from grandmother.

Report Abuse
  • 4.4/5.0
  • 0
  • 1
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Oct 22nd, 2012 at 9:02 PM
If the police won't assist you in recovering the children you will probably need to file a legal case to obtain/regain custody because if there is no court order establishing your parental rights you need to get one. If you were never married to the mother and there was never any court order stating what your parental rights are, the simple answer is that you have no legal rights until a court says you are the father and spells out what your rights are.

Report Abuse
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Oct 19th, 2012 at 9:35 PM
By Utah law, you as the natural parent, have superior rights over the grandmother, unless they if can prove you have been abusive to the child or will case imminent harm to the child. I would advice you to seek counsel to obtain an immediate Temporary Restraining Order, or other legal action, in order to obtain the custody of your child.

Report Abuse
Answered on Oct 19th, 2012 at 9:11 PM
You answered you'r own question. Final an emergency petition with you'r version of the family court for sole custody and placement of the minor child. The grandparent has zero (0) rights to this child, but I would not wait to long if I were you. P.S. she cannot not get custody of this child, the best she could hope for would be a legal guardianship, but she would have to show that you are a danger and unfit to be around this child, again you'r rights tower over her's but don't sit around picking you'r nose, and saying I do something next week!! Because next week will never come, get moving!!!

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Oct 19th, 2012 at 7:16 PM
Go to court and file for custody. If you have a custody order, take it with you to the house an ask the police to accompany you to collect your son. They can keep the peace. The longer you wait to get a court order, the harder it will be to get custody.

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Oct 19th, 2012 at 7:12 PM
Unless there is a court order stating otherwise, you have full custody rights to your child and she has none. You may even call the police if necessary to help you retrieve your children because she is withholding them unlawfully. There are no grandparent rights in Washington.

Report Abuse
Harry David Roth
Partner at
  • 3.2/5.0
  • 0
  • 1
n/a
no client reviews
Answered on Oct 19th, 2012 at 6:18 PM
If you have a court order for custody, just take the police and go. If you do not, then apply for a court order for custody as part of a divorce or non-marital custody action, give notice to the mother (in jail if need be) and to the grandmother and get the custody order pronto. If you believe your son to be in danger, call the police.

Report Abuse
Answered on Oct 19th, 2012 at 5:17 PM
This is a highly urgent matter. Get a good attorney immediately. Unless grandma obtained a temporary guardianship, you are the only person with legal custody of this child unless your parental rights were never established. Do not take self-help, meaning don't physically take your son out of grandma's home or arms. You need to get in court very fast to get custody established and/or an order placing the child in your care. If you do this without an attorney who has handled this type of matter before, or attempt it without an attorney at all, it is way too easy for you to get outplayed.

Report Abuse
peer reviews not shown
n/a
no client reviews
Answered on Oct 19th, 2012 at 5:14 PM
It is a crime to interfere with custody. Consult with an attorney in your area. The grandmother has no rights and is committing a third degree felony. You are the father and have God-Given rights according to the case law in Florida.

Report Abuse
John F. Brennan
Partner at
  • 5.0/5.0
  • 0
  • 1
5.0/5.0
n/a
no client reviews
AV Preeminent
Answered on Oct 19th, 2012 at 5:13 PM
I need more details but unless there is a contradictory order of a court it would appear the you, not her mom, has custody rights over the child. Consult an attorney before taking action.

Report Abuse

Ask a Lawyer

Lawyers from our extensive network are ready to answer your question.

0 out of 150 characters