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What is the first step to regaining custody of my 10 yr old son?

dad has had custody of ds for 8 yrs and now im in dire need of having him here permanently. home life for ds is not healthy and what he needs right now, not willing to go into details. just need to know what the first move is, besides asking dad for him. that didnt work. thanks!

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Anonymous

Asked by Anonymous at 8:09 PM on Jun. 1, 2010 in General Parenting

Answers (3)
  • Do you have joint custody of him? You need to go back to court and ask for a modification of the child custody order from the judge. The judge may send you guys to the mediator for review of orders and why you want them changed. After review Judge will make a decision. At least thats the way it worked for me. If you are supposed to be paying child support and havent that might be an issue. Good luck :)
    Anonymous

    Answer by Anonymous at 8:14 PM on Jun. 1, 2010

  • pp here, Usually I say to hire an attorney, but in this case your attorney isnt allowed to go into mediators office with you. I thought that sucked! If you dont get what you want first time around, then hire legal council.
    Anonymous

    Answer by Anonymous at 8:24 PM on Jun. 1, 2010

  • you need to get a good lawyer...it's going to be a long process if you have not had custody for 8 years...you'll have to prove that his living situation is not good (ie abuse, drugs, neglect...) and you'll also have to prove that YOU are a fit mother. The good thing is that your son is 10--most judges will talk to children this age and get their side of the story as to living conditions and who they want to live with. Good luck.
    Anonymous

    Answer by Anonymous at 9:29 AM on Jun. 2, 2010

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