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2 Bumps

how easy is it to get custody of my 2 children back ?

was wondering how easy it would be to regain custody of my kids back from my sister. She has had my 14 year old daughter and 13 year old son for about 7 years and I am finally back on my feet after a downfall when my husband passed away in 2004. Would custody be assigned back on my first court hearing by chance ? Please help.

Answer Question
 
michellem1312

Asked by michellem1312 at 1:03 AM on Aug. 21, 2013 in Parenting Debate

Level 2 (4 Credits)
Answers (11)
  • Probably not so easy.
    staciandababy

    Answer by staciandababy at 1:05 AM on Aug. 21, 2013

  • Have you discussed this with your sister?
    Your kids?
    KTElite

    Answer by KTElite at 1:07 AM on Aug. 21, 2013

  • I would think it would be more likely to re-connect you with the kids through visitation, increasing in time over a period of time until the courts feel that they would be best in your custody. The courts won't likely just throw the kids around like that unless they were in a harmful environment.
    QuinnMae

    Answer by QuinnMae at 1:10 AM on Aug. 21, 2013

  • Have you kept up visitation? Were you paying support? Can you prove that you are well and on your feet and that it won't happen again? Does she have only temporary custody?(not permanant) And I second KTelite...what do your kids say? They are at the age where the judge will consider what they want as well.
    tntmom1027

    Answer by tntmom1027 at 1:10 AM on Aug. 21, 2013

  • It probably won't be best for the kids to make a sudden transition after living half of their young lives with your sister. Most likely, the courts will work out some kind of plan that takes into account what's best for the kids.
    Ballad

    Answer by Ballad at 1:34 AM on Aug. 21, 2013

  • How do your children feel about this? Howe does your sister feel about it?
    Yes it does make a difference.
    Your children are old enough to have their own say in court. Besides why would you take them from a stable loving home if they do not wish to go. Do what is best for the children.
    Have you been visiting? When saying "getting it together" does drugs or alcohol or and othe activity that the law frowns on involved? All of those will make it harder.
    How about your sister. Have you sat down and talked to her about your wishes to regain custody? Is she willing to work with you or will she fight you?
    Likely you will not get custody right off the bat. Child welfare will probably be asked o check you and the living conditions out at the bare minimum. I would suggest a lawyer. You do realize that you will have to pay for a guardian ad litem for each of the children as well?
    It would be so much better if you all could
    Dardenella

    Answer by Dardenella at 2:11 AM on Aug. 21, 2013

  • There are lots of things that would factor into this, all of the above from the ladies answers here and was the custody awarded to your sister because you voluntarily asked she take them or were they taken from you over some issues that stemmed from your unfortunate loss?

    First question should be like other have said,
    Do the kids WANT to come live with you?
    Can you give them the same life they are now accustomed too?
    Is there any chance you will not remain stable and they would need to be removed again?

    So many things to think about, please do not try to uproot their lives unless you are certain it is the best for them and not you.
    luvmygrandgirl

    Answer by luvmygrandgirl at 7:28 AM on Aug. 21, 2013

  • Many things worth doing are not "easy".

    I agree that it would be very wise to take a measured approach to this, following the lead of your children. Your plan means uprooting them from their home and lives. Please make sure that this is in the best interests of the children, not you. Sadly, as loving parents we often have to sacrifice for the good of our kids. Seven years is a very very long time in the life of a young child.
    Mrs_Prissy

    Answer by Mrs_Prissy at 9:41 AM on Aug. 21, 2013

  • They are only 4 and 5 years respectively,to adulthood. Why not just leave them where they are,and stay connected in their lives? You can help out in so many ways without them literally living in your home.
    butterflyblue19

    Answer by butterflyblue19 at 9:53 AM on Aug. 21, 2013

  • It will NOT be assigned on first hearing.

    But nothing WORTH having is easy.
    gdiamante

    Answer by gdiamante at 11:25 AM on Aug. 22, 2013

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