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 Mother in Law won't allow son to stay
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| Author | Topic: Mother in Law won't allow son to stay |
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Daddy New Member |
posted 01-09-2006 10:35 PM
  
Hi everyone, I hope you can help me out. I am recently divorced and sole legal and physical custody has been given to me for my 1 year old son. Problem is he has been with his grandma while i was deployed in the military. Now she won't allow him to come live with me and has threatened to take me to court for custody. She even wants child support even though my ex and i already have a child support agreement in the divorce decree. Can she do this. I'm only 23 and feel like she is taking advantage of me. |
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shawn single dad |
posted 01-09-2006 11:50 PM
If she is preventing you from taking your child then you need to go to the police. if you have papers which say you have custody then they will be able to assist you in retrieving your son. Nothing can prevent her from getting a lawyer and challenging for custody, so if she does that then you need to get a lawyer so you will be fairly represented in court. But as long as you do have papers which give you custody then there is no way she can force you to do anything, and you have the sole say in what happens to him. Good luck |
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JAYJAY Member |
posted 01-10-2006 12:28 PM
She may think she is doing the best for your child, but she is in the wrong. Go and get some help from people who deal |
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julsmol1173 Member |
posted 01-11-2006 12:17 AM
I was in the military befoer and I used to be my Sgt Major's side kick as he would call it, and I know for a fact that she can not do that. First of all did you give her a power of attonery? In that what were the terms of agreement for the baby? Anyways, unless she can find you unfit there is no way for her to take your baby from you. You have one thing going for you MILITARY. That is all you have to say. Good luck |
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~*FallenAngel*~ Member |
posted 01-11-2006 05:30 PM
If your in the military...they have legal representation for their service men and women... use it...thats what its there for.. they will help you [This message has been edited by ~*FallenAngel*~ (edited 01-11-2006).] |
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kedcse Member |
posted 01-28-2006 09:15 PM
I'd like to put my 2 cents in...If you have really do have a court order giving you sole legal and physical custody, make a copy, get in your car, go the grandmothers house & tell her you want the baby now. If she doesn't give the child to you, go down to her local police department,inform them of your situation and request an escort down to her place so you can pick the child up...If she still refuses(which she can), then you have the police write a report and then you go visit her local DA's office(child abduction unit), they will handle it from there..Fortunately, grandparents do not have the right to do what she is doing nor could she get custody of the minor child unless she can prove w/o a doubt that the child is immenient danger by you...Since you already have the sole legal/physical custody, she would have to prove substantially that the child would be in harms way. Anyway, never never give up or agree to give up the sole legal/physical custody status. [This message has been edited by kedcse (edited 01-28-2006).] |
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sandra Member |
posted 05-25-2006 10:13 AM
well, yes, unless you were abusive or she had a legitimate reason to keep your son from you, she IS taking advantage of you. She sounds like a mean, old controlling woman who for some reason has a need to 'take over' another person's child. You need to get over there and PICK UP YOUR SON!! You are the father, you have sole custody-- I'm not sure I understand why that would be something you'd have to wonder about. Since you dont want your son to witness a nasty exchange, I would phone her and politely tell her that you appreciate her babysitting him while you were away, and that you are back now and will be picking him up in 2 hours. If she says no, remind her that you have LEGAL SOLE custody, and that you are his father. If she still says no you could be more firm and state that by not returning him she would be breaking a court order. That may be enough, since she is probably just seeing how far she can go, you need to make it clear that you plan to pick your son up in a couple hours. If she had the nerve to still refuse, you could either go to the sheriff with your court order, and have them wait outside while you pick him up, OR you could have a family law attorney call her and state that she is in violation of a court order and will need to return your son in x amount of time. Then, after this, I would seriously not let your son visit this grandma, at least not without supervision, and i would really limit how much time she sees him, maybe 2 hours a month, or just several times a year for short visits to grandmas. She is a dangerous person, to keep your own son from you-- my own mom is a control freak and although she never kept my child from me, when we lived with her, she tried to totally take over and enjoyed acting as if she were the parent, so i know how sometimes sweet old grandmas aren't always so sweet, and you just have to have some strong boundaries with them, because otherwise they end up totally messing up your kid, and making them confused. I think sometimes these type of grandmas are women who when they were younger they were not the parent they should have been, and so they are trying to prove something or in some way try to do it over with someone else's child. |
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