mother has custody, keeping children from me. please help

Status
Not open for further replies.

bryan19172

New Member
okay, i am a 21 year old mother of two with a past of herion addiction. when i was 17 i had my first daughter and when i was going on 19 with my second daughter i had gotten sucked into addiction and to prevent my daughters being separated or to be put threw the system my mother and i had decided that with my second daughters father being on drugs also then it would be best to protect the welfare of my children by giving her custody. my first daughters father had not been so easy and he decided that he was not going to sign over custody and now currently he has full custody after taking my mother to court and the judge had granted my daughter to him. now i am clean , prior to being sober my mother had filed and was granted a restraining order agaisnt me that kept me away from the household which 4 minors were living in (2 being my minor siblings and 1 of which fully residing my youngest and the other my oldest which my mother gets for visitation) i had gone to a 30 day rehab and am now able to pass drug test which i as of yesterday requested for the jugde to require to prove i have nothing to hide when it comes to me sincerely wanting to be actively in my childrens life. unfourtunatly was not able to live under my mothers roof after the restraining order was dropped because of a slip up so she had asked me to leave.
now i will get into questions
1) can my mother get a restraining order put back into effect because of a documented relapse
2) when i go into court (understanding completely that i shouldnt jump straight into taking custody i just want to ease into being a mother) but how long would i need to wait to take my mother to court in requesting custody
3) if i can recieve custody of my youngest although the father has also given custody to my mother does that mean that he recieves back custody if i take it from my mother (i read somewhere that the person whom has custody must be redeemed unfit to revoke custody back to the parent. is this true? do i have to prove my mother unfit? will he be awarded custody even with having a current drug problem?)
4) how much time needs to pass before my mother would be considered a "phychological parent"?
 
Bryan, you need to discuss all of your concerns with an attorney.

Even if you're ready to be a mother, it might never happen.

Getting your maternal privileges restored is more than completing a checklist, or finishing 50 programs.

It's far more complicated, and it's KNOWING that whatever is done, isn't done to reward or please YOU, but it's done IN THE BEST INTERESTS OF THE CHILD(ren)!

Again, no matter what you read here, you require a lawyer.

You also should discuss the entire process with the CPS or DFPS in your state.

If you had a caseworker, see if you can discuss this with him or her.

Many times people completed EVERYTHING they were tasked with doing and don't get to be mom or dad.

What they fail to understand is that it isn't about them, it's about what's best for the child(ren).
 
1. Yes, she can.

2. It's not really about time limits - it's about changes, and what's best for the children. You really need more time sober though - think a year or so.

3. If Dad wants your Mom to be custodian, he needs to be served if you wish to get custody from your mother. If he fights, he could end up with custody.

4. Jersey has no time limit - but the NJ Supreme Court has ruled that if a person is deemed the psychological parent, they have the exact rights and responsibilities as the natural/legal parents.
 
Status
Not open for further replies.
Back
Top