How can my sister get her son back?

My sister had a baby when she was 19 with a guy she dated in high school. She moved in to his and his parents house and was there 2 years but shortly after he cheated on her, and before she could decide to leave, his mother kicked her out so she couldnt take the baby. My sister agreed at the time because she had nowhere to go. His mother put my sister on child support and they took all her rights away and til this day she is paying child support. My nephew is 9 yrs old now and my sister has only seen him maybe 5 times. We've stopped by multiple times and even let them know ahead of time we were going to drop off things for the boy and allowed it but didnt answer the door when we came. My nephews grandma told her if she doesnt move back in and make things work with her son she wont be able to see the boy anymore. My sister is hurting even more. She is already struggling by herself and wants to be able to see her boy but everytime shes contacted them they tell her no. The boys father even makes childish remarks about how he has it good because he gets a disability check and child support money and gets to play video games and she has to work. Right now theyre on talking terms again but shesnot sure for how long because he always says sarcastic things and messages her about irrelevant things not pertaining to the child. She isnt allowed to see him at all but every now and then they allow her when the grandma is in a good mood. Even the boys father says that its up to his mom not him. Shes asked him if he can help her get her parental rights back but he says he cant do anything about it. His mother is the one who made him put her on child support btw. My sister has been so down and feels there is no hope in seeing her only child. Has anyone been through this? Is there a way she can get her rights back? What can we try to do? We're from texas. I want to help my sister. Shes a good person and is a good mother and i want to know my nephew. Please no rude comments.
151 Likes

take them to court and show all messages he is saying , u will get some right back even visitations.

She should make a go fund me or show other women her story are y’all still in Texas? If you can give me a text at weloveyougodamen@yahoo.com

If she’s paying support she has rights. You don’t pay support if your rights were taken. When rights are signed off that means they’re written off financially too.
She has rights…they’re just not making them known to her.
Tell her to serve them with court papers.

Help a mama out and respond anonymously on our forum. How can my sister get her son back?

She’s had 9 years to take him to court. At this point she’s gonna have one hell of a battle to get any rights back.

67 Likes

She needs to file a visitation petition to start

3 Likes

Get a lawyer from the child support division to fight for visitation/custody. Sounds like the Only effective way will be with proper representation.
Good luck :heart:

3 Likes

Why were her rights taken away? If she really has no rights then they legally can’t have her on child support. Child support = visitation rights.

25 Likes

I’m from Texas and we all know it’s hard as hell to her rights back in Texas. Especially if she’s had 9 years to do it. Not trying to judge but it’s reality. At this point she needs to get as hell of a lawyer to fight this case.

8 Likes

If a judge took her rights away there is no getting her rights back.

If she got her rights taken away she shouldn’t be paying child support

10 Likes

She has rights. If she had no rights, she would not have to pay child support. She needs to get a copy of her support order and start with that. She really needs a lawyer too

6 Likes

She needs to contact an attorney and file for custody if she wants him back and I don’t know her situation but if she’s not able to at least she can also get visitation

1 Like

She should talk with a lawyer and proof would help her.

If you can’t afford a lawyer ,go to Legal Aid

3 Likes

This seems wicked one sided… And lacks a ton of info to make any suggestions. Alot of it doesnt add up

17 Likes

Honestly she should have went to court for her rights a long time ago but also his mother needs to be punched in the face with the way they withhold him I bet you could file contempt. Tell your sister to ask for supervised visits so the court can document what kind of mother she is where they can be monitored so his scumbag mother can’t lie about it.

1 Like

Once your rights get taken away your kinda of screwed past that point basically who ever has custody try and work out some visitation

1 Like

Why wouldn’t she go to court? It’s been 9 years. Sorry but she hasn’t put up a fight so no, I wouldn’t call her a good mother.

16 Likes

Get a lawyer.
She has rights bc she’s paying.

However it’s gonna be super hard bc the kid is NINE now.

1 Like

I guess why she has waited 9 years is really none of my business but if she has no rights, she doesn’t have to pay child support. And she can contact legal aid and get help through them. The grandma has no say in this unless the father signed his rights over to her too. But honestly, it’s been 9 years… To disturb his life now by trying to get custody is a little selfish.

3 Likes

The best course of action is to get a lawyer!

4 Likes

I cant stand a person who will stand in the way of parents and children having relationships! And yes I know sometimes parents are so toxic they need to be kept away from children but this grandma and this dad should be ASHAMED of themselves for keeping this mom from this little boy!! Get yourself a good ass lawyer because you’re gonna need one!!

She is paying child support she has legal rights to that child as mother otherwise she wouldn’t be allowed to support child. Attorney is your best bet or file petition for change of visitation/custody.

4 Likes

They can’t take her rights away, only a court can. So she as good as walked away.

She didn’t fight, and she’s had 9 years to do so, but did nothing.

She needs to file for visitation and get court ordered rights.

7 Likes

Best to look up the laws in your state. Start with grandparent rights. Then of course fathers rights and termination of parental rights. There is a lot to it. A lawyer would be best in her situation.

This story has to be fake, his mother can’t do shi* when it comes to child support and visitation, is there a court order in place, if not, be nice, act like you want to make it work, take child and get the hell out!!! Or call your local srs, legal aide.

9 Likes

Legal aid. They will help her

1 Like

I got my rights taken away and my children got adopted…10 years later guess what…I GOT THEM BACK!!!

3 Likes

If she doesn’t have parental rights she shouldn’t be paying child support.

17 Likes

Wow wouldn’t believe how similar this is to my own story. Take it to court, start a parenting plan.

1 Like

Been there with my sister - her daughter was with bd& his gf , they took us to court we had to have a lawyer to get her back and we barley won, document and video everything, save screen shots, write down dates and times keep a journal of everything that happened and was said and by who when you get a lawyer give them all the info you have gathered and they will go from there . It’s not going to be easy but if she’s been trying and has everything documented it will look better for her .

They either terminated her parental rights … in which case she wouldn’t be paying support… or she just lost custody/visitation. If it is the first scenario, then once rights are terminated, it is final. If she just lost custody… then she needs to go to court. I’m not going to lie, the fact that she waited 9 years and hasn’t had regular contact isn’t going to look good and she may get supervised visits… but she may also get nothing.

9 Likes

She’s going to have to get a lawyer and fight her in court if the mother has custody that was granted by the court. First thing she should do is go file for visitation ASAP. So she can at least have visits with him now, then proceed with seeking custody of the child. Also, I know where I’m from (Virginia) that a child is allowed to pick who they want to live with at the age of 12 but she at least has to have partial custody, I assume, to do that! She may be able to use a court appointed lawyer to file for custody but idk all the legal stuff! First thing tho, she needs to go to local courthouse and explain situation and ask what her options are and what all she needs to do! But definitely filing for visitation needs to be done ASAP!

1 Like

She should talk to a lawyer about all of this and see what they can do.

She never should have left her child. And then let all these years go by without doing something. Obviously there’s more to this, but she should probably get a good lawyer or consider working things out with the dad maybe….if she let it go this long, and got rights taken, (that’s quite a process, especially if the parent fights it) there’s a serious lack of parenting happening here. Get a loan n Lawyer up. Self help/aid ain’t gonna cut it.

10 Likes

His parents are not able to take her rights away, a court would make that decision based on the information provided. Courts don’t remove parental rights easily, so if her rights were removed by the courts, that would point out to me that she either signed her rights away or disappeared. If that is the case, there is nothing she’s going to be able to do now to get any sort of full custody of this child. She may have a fighting chance if she files in court for visitation.

1 Like

Is there a case worker? I would seek out advocacy groups who may have a better understanding for her area. They could help her understand the process, obtain council, report these threats, etc. That would be my first step…… I’m sure there is so much more to this situation that is not being shared, and that you personally may not know about. Also, I believe even though her parent rights were terminated, you being a relative can request for visitation with a petition in Family Court.

She doesn’t deserved to see him she shouldve taken her child or fought her him. Sounds like grandma is raising that baby. It’s been so long i donu doubt any judge would give her any rights.

4 Likes

Why isn’t he paying child support ?? Did he sign his rights away too ?? That’s the only way they would make a mother pay child support if he also signed his rights away too and Truth be told KARMA will come back 10 times fold on them …

1 Like

Y’all some of you are rude, 9 years she probably been doing everything she can to get on her feet by herself and limited help. She’s probably been begging him to see her child, fighting doesn’t always mean something is done with court it means trying to be a fuxking adult and Parent because it’s about the child not the parents and being civil about the matter, who knows I don’t have the full details so I can sit behind my keyboard and say she hasn’t fuxking tried. God forbid. You have my full empathy over sympathy whoever you are. I would take it to court though, it is your only option at this point.

It’s super hard to ternate parental rights so your sister did something wrong besides just leaving

9 Likes

She needs to hire a lawyer. No money? She can apply for legal aide.

Ummm honestly I dont think she can at this point he can claim child abandonment after 7 years I believe
She can probably ask for supervised visitation bit finding a home dosnt take 9 years no excuse for any of that as a parent …there are shelters that would have helped and helped fight for custody back when it was acceptable

1 Like

Contact social services and a lawyer are u on ur child birth certificate if so u have rights and she would have to explain her situation and get a plan in place mayve parent groups ect and access to your child and over time that would get more and more then full time if all went well it won’t be an easy process but ur the mum u have rights not his mum wat a cheeky cow but I wouldn’t let anyone not let me see my kids no chance how come it took you 9 years to want this wats changed because that is wat the professional will want to know and are u going to walk away again ect

Whether or not she can get her right back depends on how they were taken. If it was done in family court and she just lost visitation then she can file a petition to get them back. If it was done in circuit court, which means it was done under an abuse and neglect petition filed by the state or if she voluntarily relinquished her parental rights, then she can’t get them back. So I’m not sure if she just lost visitation rights and custody or if she lost her parental rights completely. Also, depending on where you live, you can still be ordered to pay child support even if you have lost your parental rights. I saw several comments that said if you pay child support you get visitation and that is not true everywhere.

2 Likes

Yes a good lawyer. Good luck.

1 Like

Depends on what state you live in but there seems to be more to the story grandparents can’t just take your rights away.

6 Likes

Take the father’s butt to court.

Court won’t allow her to see her son?? She can have police involved on her court ordered days

For the record, even if your rights as a parent are terminated you can still be held financially responsible unless the child/children are adopted. Goes for both parents

1 Like

She technically abandoned him. She’s gonna have to fight her butt off in court

Parents with no legal rights don’t pay child support…

5 Likes

Grandparents can’t just take rights away so your sister had to have done something else for a court to deem that acceptable unless she willingly gave up all rights. If that’s the case, she probably doesn’t have a good chance in court. She shouldn’t have signed her rights over though, that opened a huge can of worms

3 Likes

If there wasn’t a judge who terminated her rights then she can still go to court and tell them exactly what’s going on and also the thing is the kid is 9 years old now so the judge if they say yes will start with supervised visits then gradually start unsupervised then to a night here n there but your sister needs to be ready for a full blown out battle completely and tbh a judge will ask why she never went to court to gain access n that’ll be the biggest thing about y she never did that in the beginning

There’s a lot of factors we need to know first like did they go to court to get the rights taken? If so you’ll have to go back to court and file something to get partial custody back. She’ll have to prove she has a place for the child to stay and that she is able to provide for the child now. The court should have no problem giving the custody back to mom if all that’s worked out because the courts want moms to be in the child’s life

Get a lawyer it is the only way to get him back

Get a lawyer and a custody agreement, no court order means they can do what they want

1 Like

What does the court papers say ?

Nine years is a long time. This battle should have been fought a long time ago. Good luck

6 Likes

Perhaps you can start by looking into an organization that provides legal aid…they should be able to advise or in the very least point you in the right direction.

If she has no parental rights how is she paying child support? I thought once you rights are terminated or you sign them away you no longer have any responsibility. Why hasn’t she fought to get visitation?

5 Likes

She needs to get an attorney. Honestly, she should have a long time ago. If she willingly signed over her parental rights she may not have much luck though, especially after 9 years.

4 Likes

First be able to prove you have a safe environment for the kid to visit. Stable home with the kid having its own room is a plus. Stable job. Have good transportation. Hope she behaved those 9 years because a record, if she had one, will only go against her. If there is…proof of rehabilitation or program. Make her plea to the judge. Pray for the best. Start with visitation then work your way up in trust. Then ask for partial custody. And work up to full. Gonna take a few years but hey kids only 9 never too late to have a relationship with your parents. But she’s gotta ask herself is a relationship with me beneficial to my child. Would their life be better for it or will it cause Drama. If that kid is good where he or she is at then by all means do you and take whatever Time the family with custody will allow. It’s not gonna be easy but if it’s what you want then I say go for it.

You go to court. Not Facebook.

6 Likes

Time to find a lawyer.

2 Likes

Why are grandparents taking control over the children??!! They have no more rights than the neighbours!!! Give the child back to the parents. Help them don’t push them away!! Their son spoilt this and yet his family have taken the child and pushed her out and dictating to the mother??? No way do they have the right to do that!! Are they on the birth certificate?? I think not. Take your child and get your own help and tell them to feck off. How dare they??!!

2 Likes

And if you go to court you need to save save save and document everything anything saying the grandma won’t allow visitation will look bad on them document you trying to give the child basic necessities and they won’t accept it

I don’t understand how people can be use children as pawns. I’ve seen so many reasons that has nothing to do with the children’s best interest. It’s a power play, just dislike of a good parent, to hurt and bring a person to the brink of a breakdown or do break. Our justice system just sucks.
I don’t know about this specific case but I have first hand experience. In my case it was about money and power/politics! I hope that these mean people get their punishment

2 Likes

Take them all.to.court

How did they take her rights away to begin with? They have to prove she’s unfit or a danger to her kid or she would have to sign away her rights. They can’t just take the kid away for nothing. Being homeless doesn’t give enough cause. She’s on child support so she needs to petition the court for more time with her son. The His grandma has absolutely no say unless her son gave her his rights.

11 Likes

Definitely get legal advice on this matter and try to get your child back, also get her to document everything as well like child support payments, visits etc

1 Like

Contact a lawyer not facebook

I have had my 16 yr old grandson since he was 2.
At the age of 7 I finally got full custody and guardianship…she didn’t try till he was 10…that constitutes abandonment.
She is not allowed any contact till he’s 18 and then it’s his choice.
There is a child support order which she has never followed.Child support doesnt give you the right to see your child…it holds you accountable.

1 Like

I have to ask,
Why after this long? Why now when the boy is nine and well set in his life style/family? Why dig everything up when he knows no different?
After 9 years yea you would think they can work out some visits for you but again we don’t know the whole situation or the moms life style on Why they have no interest in working together…
And it is definitely a hard battle to take away parents rights…
I feel like something else is missing from this story so it’s hard to give any advice really,

3 Likes

Get a lawyer and go to court

1 Like

No way!!! There is NOT one state that doesn’t allow a responsible parent who pays child support and is clean of drugs to see their child/ren on a regular schedule! 7 years since she got kicked out and seen him 5 times??? I’m sorry, there is more to this… I’m not even going to say anything about her not having no where to go because it might a bit rude on my part. :roll_eyes:

Journal journal journal! Keep all emails and texts. For him to tell her it is up to his mom and that she is the one that made him do it is proof enough that his mom is a manipulative bitch!

Child support has nothing to do with parents rights … only way rights are taking away is family court and that’s a lengthy process… something not adding up in this story.

6 Likes

Speak with a lawer and show them all the messages. She needs to document everything to show the courts

2 Likes

He’s 9 years old now and she’s only seen him 5 times, this should’ve been sorted years ago, poor lad, that’s now his home and everything he knows you can’t just strip him away from that

9 Likes

This should answer some questions.

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.jeffandersonfamilylaw.com/children/terminate-parental-rights-texas/&ved=2ahUKEwieuKuTz8_yAhVBCjQIHXE-CTAQFnoECCIQAQ&usg=AOvVaw3qm5cifdXXnqW2MHD-c8lv

Go file for custody if she has a stable home and income!

Your sister has every right to be a part of her sons life. I would go to a domestic violence center and see if they can represent you, if not they have attorneys to advise you where to turn

1 Like

Nothing worse than a controlling grandparent… she had no rights to the child… the mother shouldn’t have a problem getting the child back

Sounds like we don’t know all the details. It’s hard to get parental rights terminated. Please advise your sister to go see a lawyer.

1 Like

And why did she wait all these years to do something?? I would have went straight to a lawyer/court. Or refused to leave house without my child.

3 Likes

Sounds like she needs to get a court case!

It will take a lot of work , to even get joint custody. But I won’t say its out of the question

But why’d they take her rights away.

Why now is she trying? :roll_eyes:

2 Likes

Move back in with the boy- get her rights back then. Fight for custody.

1 Like

There is A LOT missing here bc I live in Texas and I know that it is VERY hard to take a mother’s parental rights here.

6 Likes

I think your topics should be discussed on a different forum other than Facebook. Most of your questions belong on a site for lawyers to answer.

1 Like

this exact thing happened to me. my exes mom took my daughter and locked the door. my daughter was barely 2 she’s now 7 and i rarely get to see her. it’s sooooo hard.

1 Like

If she can prove he’s sucking the child support and on disability one of them will be yanked she needs to get a lawyer and get her rights back and document as well everything little thing every little message that’s send period

Take them to court, she maybe able to get custody and her ex may end up paying her child support and be forced to get a job instead of sitting on his butt all day paying games.

Wait. She signed her rights away? They don’t take rights away for nothing. It’s extremely hard to terminate parental rights. Did she just sign custody away? Was it voluntary?

7 Likes

Did she legally sign away her rights? If she didn’t then it can be settled In court and if she’s on child support there’s already a case open