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How do you convince a judge to change a custody agreement?

My sister voluntarily gave up custody of her two younger children about 5 months ago (the day after I had my youngest daughter which is why I didn't get custody in the first place) They were placed with family, however now family is turning their back and not letting the mother OR father see the kids. They have made their negative opinions of my sister very well known and we believe it is not to the benefit of the children to continue to be in their care. We have a hearing scheduled in a couple of weeks to dissolve the guardianship arrangement and put another in place, but we will have to convince a judge that the change is necessary. Has anyone been in this situation and have some advice for us? Please help..

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Asked by kristal2146 at 12:15 PM on Jul. 19, 2010 in Parenting Debate

Level 8 (246 Credits)
Answers (5)
  • I had a friend whose family was trying to get custody because the current guardian, an aunt was very abusive. It wasn't easy, the court was no help at all and social services really didn't want to get involved. It is really depends on where you live, and the judge involved. These are local agencies in charge of monitoring complaints, so it completely dependent on where the children are living.  I hope it all works out for you.


    Answer by RyansMom001 at 12:21 PM on Jul. 19, 2010

  • I will pray for you...

    Answer by ILOVEMYBOYS704 at 12:22 PM on Jul. 19, 2010

  • I am thinking you all will need facts and documentation...

    Answer by justgrape723 at 9:05 PM on Jul. 19, 2010

  • Agreed with actual and tangible proof. Simply saying something like she's not a good mom, or whatever the case is, will not be enough. Documentation and specific dates and times are absolutely necessary, so get all your ducks in a row. Also, if she plans on fighting for custody again, prepare for even more difficulties. If you or your family cannot totally convince a judge that the kids are better off with yall, the judge will without question, give the kids to their mom.

    Answer by nappeal at 11:43 AM on Jul. 20, 2010

  • their mother and I are trying to get the kids away from the grandparents who are causing a lot of negativity, and change the custody agreement so that I have guardianship of them. Mom is 100% in agreement that they should come to live with ME, as she doesn't have a house and may be getting locked up soon. She doesn't want her kids living with their grandparents when she goes to jail because the chance that they will fight for full custody and never let her see them again is a very good possibility. They already make the environment very hostile when she is around and make their negativity known to the kids and have prevented both her and I from seeing them on more than one occasion. We have been keeping track of phone calls and attempts to visit, as well as the lies that one of them has told us when we asked about the kids. I just hope this is enough.. if anyone else has any great ideas please let us know! THanks!

    Comment by kristal2146 (original poster) at 5:14 PM on Jul. 20, 2010

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