Custody back to mother, (both willing)

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bifferbean

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The biological mother signed over custody of her son to her sister back in NY in 2006 due to the living circumstances, the order stated that she could not have unsupervised visitation ... (the mother has had constant communication with her son and visitation - the child is currently 9 years old) ... now the mother lives in NJ (in alot better circumstances) and her son and the mothers' sister live in Florida and both parties are willing to return custody to the mother and we are looking for the easiest and proper way to do this ... we went to courts in NY & NJ and they told us we have to go to Florida to file cuz thats where the child lives and they have jurisdiction over him ... Florida says that there is nothing we can do unless we have a lawyer ... (which neither parties can afford at all) ... where can we go from here ... can we move the case (easier?) ... plz help
 
My first question, since it's not contested, would be how badly the courts would react to simply making the change without removing the original order?

In my experience the court isn't to be trifled with but with no parties making any claims this shouldn't come before the court?
 
What type of custody did you grant to your sister?

If you merely signed a letter giving her custody, that can easily be revoked.

If an attorney helped you negotiate an agreement with your sister, the court assumed that no reasonable parent would voluntarily not act in the best interest of their child.

There was a compelling reason for the court to honor the agreement.

Circumstances have now improved for you, so your sister can voluntarily give custody back to you as you once did to her.

You can do this yourself.

You don't need a lawyer, especially since you both agree on the change.

Here are some free legal forms that might be of value to you.

http://www.freelegalforms.net/FreeLegalForms.cfm?criteria=custody

Most courts offer template forms for pro se litigants.

(6) At any time, either or both of the child's parents may petition the court to modify or terminate the order granting temporary custody. The court shall terminate the order upon a finding that the parent is a fit parent, or by consent of the parties. The court may modify an order granting temporary custody if the parties consent or if modification is in the best interest of the child.
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http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLIII#TitleXLIII

http://family-law.lawyers.com/child-custody/Regaining-or-Changing-Custody.html

http://family-law.lawyers.com/child-custody/Custodians-Relocation-and-Modifying-Child-Custody.html

http://www.custodysource.com/fl~1.htm
 
Full custody was given to her sister in court in front of a judge. Florida courts say that they can not just "change hands" because of the order saying no unsupervised visitation ...
 
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so mom signed over custody or was the child placed with the sister by the courts? Why are there no unsupervised visitation? why did mom and sister go through the courts for the custody? Couldnt mom have just let her have the child until she was in a better situation? Why were the courts involved in the first place? Just wondering dont know if that info will help but I'm curious.
 
Oh ok. I don't know much but I would think that mom and sister should be able to go infront of the court and state the case. If mom's situations have changed she should be able to prove it and then since mom and sister both agree for a change in custody it shouldn't be more than filing some papers then. I would think?
 
bifferbean said:
can a professional plz assist plz
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We are all volunteers here - I don't mean to be rude, but if you'd like instant responses, you're more than welcome to hire an attorney :)

The reason we asked about Dad, is because it's possible Dad's rights have been completely trampled on in this matter.

This is also why it may be best for you to contact an attorney anyway, even though Army Judge's links are EXTREMELY helpful.

Did you take a look?
 
bifferbean said:
can a professional plz assist plz
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Ethically, we can only give you general advice on this forum.

You need to do your resaerch and file pro se or hire an attorney to represent you.

If you live near a law school, they have clinics.

You can make an appointment at one of their clinics and speak to them.

Sometimes a law student (under the tutelage of a law professor) will handle issue such as yours at no cost or a very low cost.

Try contacting a nearby law school with a law clinic.
 
yes i looked at the sites but none were appropriate ... we cant afford an attorney ... we were told if we just sign an agreement and change hands the sister will get in trouble ...
 
what is pro se? i have been looking for assistance everywhere ... there are no law clinics here in jersey that i know of
 
Hang on - Mom's sister is WILLING to do this, right?

So why doesn't she just go to court in Florida to amend the original order?
 
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