Can she not take them to court?
Lawyer up no matter the cost its your son
This story is fishy!
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As itâs been said as long as she is paying child support you have rights. If ur rights were revoked due to abuse that could be another story. But take them back to court tell them you want weekend visits and u want time with ur son.
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Uprooting the child from this life he has been living for 9 years to go live with his biological mom who he doesnât really know would be unfair to the son. Does the son even want to see her? This might not be grandmas doing. Iâm sorry your sister is hurting over this but as a parents we have to put our children first and do whatâs best from them, regardless of our hurt feelings. The kid is 9 and doesnât know anything about him mom, even if this went to court, the boys thoughts would be considered when making judgment, would you want to go live with someone who youâve only seen 5 times in 9 years?
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When she signed over rights did she agree to pay child support? You typically dont pay after that but its possible to still have to pay child support. Did she actually sign her rights away, like court documents or anything?? I feel like thereâs something missing! Either way, lawyer up and pray for the best
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Start by verifying her rights were actually severedâŚthat just sounds sketchyâŚNot on her partâŚJust seems possible Granny may be exaggerating what power courts gave her if its Dad getting CS paymentsâŚChild support court does not litigate custody ordersâŚNow if they did somehow manage to sever her parental rightsâŚIts harder?This is usually only done in most extreme cases of abandonment or abuse.First step is to get transcripts from C.OâŚdetermine cause of order⌠She will have to petition court by establishing her rights were severed without cause/ prematurely/ maliciously/ or with prejudiceâŚGood luck
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They donât take away rights for no reason, the courts had to have a reason to take away full custody or even joint. I know homeless people who have rights to their kids
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Did you sign over her right? Did a judge take away her parental rights? If none of these things happened she needs to lawyer up fast. I hope whatever is best for that kid is what happens.
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#1 Should never agree to leaving your child some where other than with you.
#2 what tf is the reason for only seeing your child 5 times in 9 years .??
#3 is the mom willimg to change her mind set? Mind set should be like nothing or no one is going to keep me from seeing my childđŻ
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if they is no court order, and she didnât sign her rights away, she has every right to go get her child. and he or the grandmas has NO say so. atleast thatâs how it is here. as long as she wasnât taken to court and thereâs no notarized paper of her stating she gives up her rights, she HAS rights to her child. and CAN go get him.
if she did sign her rights away, sheâs pretty screws and itâs going to take a lot of money, and time, and a good lawyer to get him back.
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I need more information bc this story is lacking somewhere. First & for most you canât just sign your rights away to grandma without her adopting (itâs called something like the orphan law) #2 if you legally did sign your rights away you are no longer responsible for said child meaning YOU NEVER HAVE TO PAY CHILD SUPPORT AGAIN AND YOU CANNOT GET SAID CHILD BACK!!!
Now Iâm guessing your sister probably never stepped foot into a courtroom so if she didnât hereâs the beautiful part. OF COURSE THIS IS BADED ON THE WHAT IFS & IF I HAD ALL THE INFORMATION!!! She needs to find a lawyer (A Female Lawyer would be best) that would play on some heart strings 
but if this story is true so far & my assumptions are on point then your very young scared sister was thrown out of her place of living and her child was kept from her (1st charge kidnapping) & then the charges are going to pile on from there from extortion to whatever a good lawyer could do for this poor girl 
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Lawyer and make as much effort as she can.
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how are u still paying child support if u signed ur rights away? get a lawyerâŚthey are keeping something from uâŚdont give up. <3
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She really needs to document everything and get a lawyer. There are so many details that are missing here. Did they take her to court all those years ago and she signed her rights away? Is grandma just telling her that to keep the kid because thatâd probably be kidnapping??? If she had signed rights away she wouldnât be forced to pay any child support so the fact sheâs paying for it means she still has rights or grandma is just asking for child support that doesnât even need to be given to her??
This is definitely something you want the court to look at and sort out
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If sheâs paying child support through the courts, they didnât get her rights. Signing your rights to your child means you donât pay anymore and you also are not in their life.
Lawyer up and get your kid back. ButâŚwhat took so long? Itâs been 7 years. Was she off on drugs or something? If so, she will need to prove rehabilitation.
You say sheâs struggling, but does she have a place to live? Bc if she has a job, a place to live and is not a drug addict, she will get her child in a heartbeat.
However the fact that itâs been 7 years is a âbig issueâ Bc the courts will want split agreement and maybe less time for her and more time for him, since they donât just uproot children and change their lives entirely after 7 years.
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If parental rights were terminated, child support is not paid. I am a parent who terminated rights from the other parent and I had to agree to no child support if we went through with it. Also, Iâm in Texas.
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There is so much more to this story and no excuses for it!
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Also everyone is so hung up on mom only having seen the boy 5 times when itâs very clearly stated that mom HAS tried to see her son, and always been denied access by grandma. Iâm willing to bet sheâd rather not push to hard since grandma seems like the type to call the cops on her if she tried to hard.
An old friend of mine looked like a horrible mom for 7 years because âshe hasnât seen her daughter or gone to court yetâ but she was busy saving every penny she could to get a decent lawyer all while constantly making attempts to see her daughter and getting blocked for various reasons (they literally moved at one point just so she couldnât come by to ask to see her child). In the end she got full custody of her daughter because she did nothing wrong her exâs dad just really hated her and wanted to make her miserable because she left his son.
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I know in Florida if you have your rights terminated you can still be obligated to pay child support until some one adopts the child but something is missing in this story
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There is alot of paperwork but worth every minute of it if its for your child. She needs to go to the court office director and ask where to get the paperwork. There will be a fee. Then file for custody with the state. If the father is willing to come to a civil agreement they can file for a change in agreement, but if not she will be fighting for custody. With proof of work, residents, and contact, she will prove she is fit and the court will grand ATLEAST partial custody. It takes time and effort but is achievable.
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She needs to document his messages. Screenshots⌠etc. And save up for a lawyer and petition for custody. If they see he is being this way⌠how she let her child stay to give him stability⌠and can prove sheâs now stable⌠she has a chance to get custody.
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How do you know she is a good mom if the boy is 9 and she hasnât spent much time with him? This should have been in front of a judge when it all started! She is his mother, she could have gotten some kind of visitation but by the sounds of it she didnât try. 9 years is a long time! Im wondering if gramma told her she has no rights but its not true? I mean, she is paying child support and usually if you sign off rights you have no obligation to that child. I dont however think this is right to this child. As far as dad and gramma saying she needs to go back with him to see her child could probably be used in court to show their character. Manipulation? Who knows what theyâve told this child. If she has her life together such as steady income, housing etc the judge would probably give her some kind of visitation.
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She has a chance since the courts didnât take the child away from your sister but why has it taken her so many years to decide she wanted child back? That doesnât look good especially if they child doesnât really know her! I canât imagine leaving my child under any circumstance and to wait so long yikes
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All her rights arenât gone if sheâs paying support.
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She still has rights if sheâs paying, go get a pro Bono lawyer to help
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If she truly signed her rights away, then her paying child support is non-existent⌠There is more to this story than OP, or OPâs sister is leading onâŚ
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If she signed her rights away she wouldnt be paying child support. She still has her rights. Go to court and fight it.
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The entire story isnât being told hereâŚ
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I have no advice because I know nothing of these types of issues, but Iâm praying for your sister. This breaks my heart.
Hire a lawyer and take them to court. Keep all messages and such as evidence. And battle for custody
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One if she is paying child support she still has rights. And second they would have to go to court if they didnt then she still has custody and she can go get her son.
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She needs to find out if the grandparents have custody ASAP. She needs to document EVERYTHING. Every time she contacted them, every time she was denied access, every time she paid them and dollar amounts. She needs it ALL documented. Then she needs to find Legal aid. They have lawyers specifically for low income parents. They should NOT be denying the mother access if she is paying for the child and is not a threat to the child. That whole situation sounds fucked up and she needs those two things, documentation and affordable legal representation.
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If she has a stable home and a way to support her son then whatâs stopping her from going to court and trying to get her rights back? Get a lawyer. Go file for custody. So many people just give up and donât even try. Even if you loose keep trying!!
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I donât think this is legal and she didnât give up her rights. I think she needs to call a attorney and file charges to try to get her son.
Go to your district court and ask for rights and responsibilities forms there is a fee you can ask to get it wavered if she falls in there pay bracket js the most they can say is you have no rights but highly unlikely normally after your rights are taken do you pay child support but donât quote me Iâm no maine lawyer which would be a good call if she isnât lawyer savy but have had my hand in getting full custody of my son with supervised visits under my discretion I won with out a lawyer go in with everything dates times all showing you tried good luck and hope everything works out for your sister n lil boy itâs not easy
Sounds like she needs to start putting in some work and finding out whatâs really going on legally. How are they still collecting child support if her rights were terminated? If any of this went through the courts then there will be records of it. She needs to obtain all the legal records pertaining to this situation and go from there.
First you Said the her son is collecting disability why is that. If the kid is getting disability and there is nothing wrong all that money she had gotten will have to be given back or face prison time. Your sister is the legal parent. She has more rights then she thinks. Get a legal aid lawyer. They can guide you through this mess.
They didnât take her rights away. Sheâs paying child support. Therefore, she still has rights. She needs to go file for custody. If sheâs never been to court and had any court ordered parenting time set, chances are, no one has custody. Child support and custody are two entirely different things
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Your sister needs to lawer up.
She needs to take him to court and explain everything
If her rights were terminated there is nothing she can do. However if she only lost custody she can petition the court for visitation. Courts donât generally allow you to voluntarily sign your rights away unless the other parent has a significant other that wants to adopt the child. The court also doesnât terminate parental rights unless there is substantial evidence of abuse or abandonment.
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So thereâs a difference between custodial rights and parental rights. If she has to pay child support she still has her parental rights. She needs to find out if she has her custodial rights.
If the father gets Disability doesnât the child?
FIRST of all, no rights are gone if she is paying child support and she got played. SECOND time to get a lawyer and get into court, reunification counseling, all of it. This sounds like a HORRIBLE situation for your sister and family. I am not sure why the family didnât help but this young mom got rail roaded.
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Time to get a lawyer. Tell her to go get one. They threw her out.
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Find out the law where she lives and go from there
Get an attorney because the situation doesnât seem right. Fight for that boy.
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Talk to a lawyer. They are using her son against her to try and make her take the ex back. She needs to take her ex to court.
The porsess is called getting a lawyer.
The system is fucked. Iâm so sorry for her and her child
Well court would be the way to go.
Sheâs going to have to contact the courts ans make a case with family court.
Remember if you donât pay the CS you can very easily end up in prison.
Sounds like she lost custody but not parental rights if shes having to pay child supportâŚshe needs good lawyer and fight for visitation then fight to get her child
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My understanding is that there has not been any court order for child support so nothing to be in violation of. If there had been any hearing she wouldâve have also been awarded visitation of her son. I would have said to the exâs mother Iâm not paying shit without a court order for visitation and child support.
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Surely this is not lawful
Heâs full of shit. His mom may have pressured him, but the decision was ultimately his. In cases where termination of parental rights is involved against one parent the grandparents have no rights.
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The best way to handle this is go to your local CPS, THEY have attorneys that deal with cases like this. Or contact an attorney that deals in family practice law. I wish your sister luck with this journey to get her son back. The attorney will no doubt ask her why she waited 9 years to do this. Good luck.
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She needs a good lawyer
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If all this is documented and she hasnt done anything wrong- ya donât need a lawyer, a printer for all evidence attached to a state standard request to modify the previous court document can be filed, just a small filing fee at the local courthouse. Get in front of a judge and have witnesses and testimony ready for the childâs best interest. Praying
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First foremost this women the grandmother has no rights to the child it is your child. You should go over there and get your child. She said you have to get back with her son if you want your child back. You cannot let her bully you this is blackmail. Go to a family lawyer tell them your situation get you child back he is already 9 you waited a long time. I would have never left my child there in the beginning. You need to stop letting this women boss you around.
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She needs to get a lawyer.
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Your sister needs a lawyer. Itâs very expensive. Anywhere from 5 to 10k to fight for custody. Or the very least legal visitation. The court doesnât like when children are intentionally being kept from their bio parents. Was she court ordered to have her rights taken? Parental rights are very hard to lose. Custody and parental rights are 2 different things. If she is still legally his mother then she still has rights to seek visitation or custody. IF NO CUSTODY AGREEMENT HAS EVER BEEN ESTABLISHED THAT YOUR SISTER IS AWARE OF SHE CAN TAKE HIM AT ANY TIME AND THEY CANT DO A THING ABOUT IT. Sounds to me theyâre bluffing and hide because they donât actually have legal rights
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Not trying to be rude but there has to be more to the story than this. No judge will just take a mothers rights for no reason. Unless she was proven unfit then she should easily be able to at least get visitation rights.
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apply for legal aid, contact a womenâs shelter, they may be able to help! definitely through the courts is the way to go. and parental alienation, which is what is happening here is not a good look for the grandma or father!!!
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Something isnât right here? Sheâs paying child support and doesnât have visitation rights? Heâs 9 yearâs old and sheâs only seen him 5 times. Naw, there is more to the story.
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Im not understanding how they forced her to give up rights? My sons father doesnt see him at all and i was told i had to jump through a million hoops to get him for abandonment. Dod she volunteer to waive her rights? Im not being judgemental Im legit just asking
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Im not trying to be rude but when they kicked her out she shouldâve taken her child with her- and stayed even with family and/or friends until she could get on her feet. She basically Abandoned at that point and to add that itâs been ongoing this long without her fighting it and being so nonchalant about it, itâs probably looked at like she really hasnât cared tbh. If she wants her son back she needs to document EVERYTHING, try to call and see him EVERY single day. Keep all messages and communications. Prove sheâs fit and wants him- stable home, job etc.
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Get a lwayer and go to child services. They cannot take you child with out a court order
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Is this through the court? She needs a good attorney.
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They canât do that to her, that of alienating a parent. The grandmother has no say here in Texas. Unless your sister signed away her rights she still has every right to see her child, she needs a good lawyer as well. Once she finds a lawyer file for custody and child support. Make sure you have all the documentation printed and keep trying to see him. Notate everyone they refuse and print all messages and record phone calls.
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Ok she is the mother and the grandmother has no rights on the kid. Your sis can fight for her child. All she needs is a good lowyer.
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Where does your sister live
If she signed her rights away then no she more than likely will never get them back, she may be able to drop the CS though due to that. She really needs to speak with a lawyer
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Definitely time for an attorney. Also go to attorney general to file complaint, they handle child support. Itâs so sad people use children as pawns. Iâll pray for your sister and child
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They canât just take her right away. The court has to rule termination of parental rights or if she signed her rights over, which in this case the courts wouldnât have allowed her to do (depending on the state they live in). She needs to get a good attorney and file for either joint or full custody. She needs to be able to prove she has income and stable housing. Respite or sitter care in place would be great as well.
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Unless her rights were terminated, which they couldnât be if sheâs providing support, the grandparents would have had to file for legal custody in order to receive the payments. Mom would have had to agree to this or it would have had to been addressed in court. It can be overturned by showing a change in circumstance but it has to be substantial. She will need an attorney in order to do this. She could file for temp visitation through the court unless there is an order in the custody paperwork showing she canât have that. Regardless it all has to go back to the court that issues the original order of custody.
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There is more to this story, nobody has a legal right to keep you from your child and pay child support unless it has been decided by a judge.
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If her rights were taken away, she wouldnât be paying child support. Seems to me the grandmother is running the show here and her son is siding with her. They are using your nephew as a pawn. Sister needs a GOOD lawyer that will get to the bottom of it.
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Lawyer- these people have no legal rights. You do
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- Is there a court order?
- Is there a parenting plan?
- Have they had mediation before?
- The child has rights to spend time with both his parents.
- The child will likely have a significant attachment to the grandma as a parent by now. This must be respected for the childâs health and well-being.
- Google family law Qld to get an idea of the legislation.
- Has she ever signed a plan relinquishing care?
- Has she any history that she couldâve posed a risk to the child; drug use; illegal behaviour- because this may make a difference - but 99% will be allowed contact with the child.
I have represented myself over custody issues in Qld. If you want to chat please PM me.
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Iâm sorry but the only way you will be able to make this happen is by getting a lawyer to draw up the child support and the visitation rights. I know itâs expensive but theyâre not going to help, she canât go off their word that theyâll do right, and she needs it legally bonded.
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File a motion thru child support? Get a free attorney and go to court. For her to get child though⌠She has to ne established somewhere and habe a residence and him a room etc. 5 times in 7 years?? He was 2 when grandma made her leave. Kids 9 now. Child doesnât even know her. Will probably be a process before can do over nights. They look at childs best interest. But⌠The kdea is both parents are imperative to a childâs well beingâŚand important to try and keep tje family unit together. That means child with each parent equally. Doesnt mean parents to stay together. Sorry⌠Ejo would want a man child ejo plays video games all day⌠Should be taking carw of his kid âŚeven on disability. Im on disabilty⌠Have 3 kids and own my own home. He needs to get off his own mothers tit. She doesnât call the shots⌠Not her kid. KEEP all texts⌠Threats⌠Voice mails. Document EVERYTHING. Get some big girl panties and do whatâs right for this child.
Itâs her son âŚ, get a lawyer and fight this nonsense
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Why disrupt the kidâs life. How traumatic to be ripped from the people who raised you and sent to live with someone youâve seen 5 times. Praying for best outcome for the child.
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Child support and visitation are 2 separate entities. Did she sign her rights away or give guardianship? With the facts she pays support Iâm pretty sure she has some kind of rights. The grandmother made dad out mom in support so she needs to go to the courts. Explain whatâs going on. Honestly depending on the state she could get the child back for grandma and dad being in contempt for not allowing visitation. She needs to record everything!!! All conversations via text and keep them with dates and times. Every time she asks for the kids she needs to record dates and times try it by text. Video every time she goes to go see him. Record and keep record!!! She needs a lawyer.
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Iâm no family court judge but if what you say is true there"s some pieces missing from this puzzle. If she is paying child support by court order she has the right to see her child.How has this gone on for seven or eight years? Is there a custody order in place?Contact the family court in your area for more information.
She needs a lawyer. Perhaps legal aide. There are avenues out there. Keep looking. She needs to do the work!! May Hod bless her and give her guidance
It sounds as if she didnât have a attorney or if she, it wasnât a very good one. She needs to find a reputable attorney to represent her.
If a man says - he got full custody - got know - he play some women dirty and stole her baby -
Get an lawyer go to court ! Pray lots of prayers - mothers should be with their children !
This women is pure evil !
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You need legal aid
Try FAMILY Court in Texas. Good Luck.
Isnât this parental alienation? You pay support so your rights havenât been terminated. I suggest you get the file for the judgement on your case. Also, Why was visitation not set through court along with cs?
Way past time of getting an attorney and getting her parental rights. The guys mom is not judge and jury!
Was always told that natural parents have rights
She needs to contact her child support office
If she has no legal rights as in termination she canât do anything. She can get the child support stopped if thatâs the case. No if itâs just a full custody she can go back to court
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talk to your attorney. Too much more to the situation to help as would not have her paying child support if child was taken as unable to raise� SHe needs to stand up to whatever it is they have against her.
I stopped at 9yrs old âŚ. How could she have this go on so long ? Iâd fight for my kid , smh
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The grandparents canât do shit unless the father dies or gets really sick and canât make decisions for himself. Legally, she is the birth mother. Her name is on the birth certificate she can walk right in there and take him back.