Do I actually have a chance of getting my son back?

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mandalee

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When I was 15 (my now husband was 18) we had a son. My parents weren't able to help support a child and neither was my husband or his family. My aunt let me come live with her.. she even told me the insurance through the state was crap and that my son would be better off with her insurance. so my family, husband (at the time boyfriend), his parents and I all talked about it and decided it was the best thing to do. The only way to do so was to give her custody. Also, she told my boyfriend not to worry about child support that she could take care of everything.. She kicked me out of her house a year later and i tried taking him with me but she wouldn't let me. My boyfriend and I got married, and kept the visitation the way it was... we were still no where near finanically able to support my son and we were still able to see him. Now 4 years later, i'm 21, my husband is 24. I'm making about 20 a year and he's making 30 or more. My work situation would be able to flex with me and understand me having my child back. My husband owns his own business and makes his own schedule. We want custody back and she's telling us there is no way she is going to let that happen.... the court, with an attorney, should let us have him back, right?!
 
Take the dispute to court.

You'll have to prove how you're better equipped to care for your child.

It'll be very hard.

Your aunt has much going for her.

Speak with a good attorney (or three), select one, and take her to court.

It will be a hard fight.

But, it is the only chance you have.
 
also, my aunt has lupus and her stage 2 throat cancer is coming back.... she's way too sick to be taking care of a 5 year old, i feel like.
 
mandalee said:
also, my aunt has lupus and her stage 2 throat cancer is coming back.... she's way too sick to be taking care of a 5 year old, i feel like.
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As I said, this won't be easy.

Her illness won't disqualify her, anymore than it would disqualify you.

Speak with some lawyers about representing you.

She has much going for her.

You need to focus on WHY you're ready to be good parents.

Your lawyer can assist you.

Good luck.
 
If anything, the court could side with Aunt if she becomes terminal before the court date.

With that said - Mom, was this done through the courts and were child services ever involved?
 
child services were never involved... it was all for insurance then she turned on us. i know its been a longer time then it shouldve going back for him but we knew we couldnt do it. he keeps telling us how he wants to come live with us forever and i just feel terrible....
 
Yes, and i'm ready to beat myself because at the time i was 16... the court attorney they hired for me pretty much took over because i wasn't allowed to make my own decisions in court. We just went and got the copy of the court papers today and it doesn't say anywhere that it was temporary.... i just don't even know what to do.
 
can you type word for word what the papers actually say, mandalee? (Take out names and case numbers etc.,)

:)
 
Elsewhere:


Byers033
Junior Member

Join Date: Apr 2011
Posts: 1
Mother and Father want return custody from family member

What is the name of your state (only U.S. law)? Virginia

My wife and I are fighting for return custody of our 5 year old son. We had him when she was 16 and I was 18. We were unmarried and she was still in highschool, so we signed custody over, in court, to her aunt so he would have medical insurance, etc. and we have visitation on weekends in which we drive 2 hours round trip to pick him up and again to return him, every weekend except for 10 months, where we were out of state while I was in vocational school. It was discussed prior to signing, that this was to help us until we could make it on our own, although I now notice it doesn't mention that on the court order. Since signing off, we have gotten married, she has gotten her GED, I graduated from vocational school and started a successful business with very flexible scheduling and my wife has held a steady job for three years. We also have adequate housing with a 3 bedroom house that we've had for 1.5 years and will have leased to us for years to come.

The aunt refuses to sign custody over to us and will fight us to the end. It has gotten confusing for our son, because now the aunt and uncle now call themselved mommy and daddy too. I feel like it shouldn't be a tough for a judge as I don't see that his best well being is to spend the next 13 years with his biological parents only on weekends until he turns 18. We want to do this now before he starts kindergarden and gets attached to friends in the area. He has only attended headstart (pre-k) while up there.

My bigggest concern for factors against us, is that they have provided primary care of him for this long and I thank them for it, but it is time for him to be with his real parents and have no problem with them visiting from time to time.

Few other pertaining factors are that the aunt does have medical issues, such as requiring a feeding tube, as well as possible Leukemia and lupus but I have no supporting evidence of it.

This is all taking place in the state of Virginia.
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Same family - slightly different (and I mean SLIGHTLY) details.
 
Wow. What a coincidence, hey!

And to make it more unusual, the same state.

And an aunt, too.

Why, this aunt even has cancer, too!

What are the odds of that happening?

Hmmmm, 1,000,000 to 1, maybe?

Sadly I see where anonther adult has bred a child.

How sad, how incredibly sad.

Thanks for sharing.
 
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