How can my sister get her son back?

I can’t help, but gosh I’m crying my eyes out. I know how she feels. My ex took off with my kids for over 6 years…. I missed so much! I will never recover from the pain and heartache. I’m sorry, I wish I could help. No one was willing to help me… other than my mom. Don’t give up! Please keep trying to be apart of his life. No matter how little… it’s something! :sob: I’m sorry!

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In some states even if the rights are terminated or the parent gave up their rights they would still have to pay child support that’s how it is in Arizona at least but I would definitely talk to a lawyer and see what your options are. If you haven’t legally signed your rights over or a jugde has taken your rights away as a parent grandparent have no legal rights to deny you access to your child and you can sue them only the father would be able to take you to court for that kind of stuff

I would document all communications with them. Save all emails. Record all the scedued times she shows up to see him and they don’t let her. Save every penny she can and get a lawyer. Maybe look into getting a grant and go to college. NO Student Lones. The right courses will help her get a better job. You get a lump sum of money after all your classes are paid for. This will help pay a lawyer and going to college will work in her favor when she goes to court. I would look into some parenting classes, a first aid class. She needs to work on her self to be a better adult and parent. She can’t be like the young vulnerable girl that left.

Get a lawyer fight for your rights start writing everything down

There sounds like an awful lot of info is missing here

She needs to talk with a lawyer.

Make sure she records/saves all phone calls and messages.

I’m sorry but there’s always two sides of the story.

Who took her rights away? The mother or the state?

That’s the dumbest crap I’ve read today. Wth let’s being a MOTHER float for this long? 9 years? Was she fighting an addiction? If she was just wringing her hands wondering what to do for 9 years maybe she needs to keep doing it. What has happened to common sense?

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Tell her to start documenting,recording ALL conversations and start a journal of everything …EVERYTHING. But keep it to herself.She needs to get a lawyer even a court appt. And get a counselor to help her deal with all she has ahead of her if she truly wants him back it will take work.

Seems that “mother” needs to learn boundaries and her place. Should of been done 8 years ago. Better now than never.

If you can’t afford a lawyer, you can contact your local legal aid dept or else your family court should have a legal library where they should be able to help you get the correct paperwork you need to file to get visitation rights to see your children. Start there. Then work on jou t custody. It’s never to late to start.

She needs to get a good family law practice attorney. Good luck!

She needs to go to court

Tell her to only contact the mom, and ex boyfriend over to the phone. People say whatever they want over the phone but text can be proof in court. Keep everything as proof.
To get custody after so long she has to make sure she has reliable housing to safely house the kid in. She has to make sure she is not doing any illegal activity or drugs. She may even have to do counceling or child classes to help prove that she wants to everything it takes to regain custody.

Call 211 if she needs help obtaining a lawyer. Explain to the lawyer the circumstances of why she left and why it’s taken her so long to try to regain custody.
The lawyer will be able to see what custody agreement has been set or if she signed her rights away.
If she is paying child support and has proof of her payments that will help he case.
If she has messages where they are refusing to let her see her kid or where they are threatening or provoking her using the kids it will help.
In any case the best thing is to make sure she gets a lawyer.

Echoing that she needs a lawyer.

Good luck :heart:

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

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There is ALOT more to this story! 9 yrs went by & she now wants rights?! If she has her sh*t together now she can petition the court for visitation. Most likely it will be supervised bc the child doesn’t know her.

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If she had her rights legally taken away there is nothing you can do. That being said usually child support isn’t still required when the rights are terminated so maybe she does still have rights. That’s the first step is to see what she actually signed back then and then take it to court if she still has rightsm she may have just transferred guardianship in which case she can petition for visits.

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She needs a lawyer. Chances are she still had visitation rights unless there is something we dont know… She also needs to to keep records of everything. Every time she tried to see him and they say no, every time there are any problems or Anything. Especially if they are telling her she can’t see him without being with the dad… So if she does go to court she can show that she tried and they kept him from her and possibly violated any rights she still had. The more she can prove shes fit and they violated any rights she had the better her case will be.

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I am curious as to how she lost her parental rights. Did she sign something? Did they take her to court?
I would advise speaking to an attorney. Most will do a consult free of charge. Did the child’s father relinquish his rights as well? If he did not then his say so trumps grandma’s.

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She needs to get a lawyer asap. She could possibly still have rights… in most states parents have to sign over their rights literally to have them taken away. It isn’t that simple. But a lawyer asap for sure. She could potentially set up mediation to discuss visitation with the father. The grandmother needs to stay out of it, grandparents have no rights in most states. This is between her and the dad.

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Okay no rude comments but a reality check, I’ll be damned if I would of ever let the grandparent in general have a say so with any of my kids, and as the mother she would of had a better chance in court to fight it, there’s gotta be more to this story because instead of fighting it she just let it happen, if she went all this time and didn’t attempt to do anything about it and lost her rights hes now 9 there ain’t no point in trying now, that poor child don’t even know her

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I would go back to the dad so I could see him. Then I would get my rights back

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She needs a lawyer that is specific to family law and then she needs to start documenting all exchanges that have taken place. There should be free clinics she can go to where she can learn about her rights. Most court houses offer them.

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Something isn’t adding up… if she has no rights then shouldn’t have to pay child support in my opinion, but I don’t know the law well especially in Texas. The other part is, does the child have a stable home life right now. Taking the child out of the only home he or she has ever known would be trauma to the child. I know the mom wants to know her child, but probably best thing to fight for would be visitation at this point unless the home is abusive somehow. Imo

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She should get a lawyer on this and she is to save the text and stuff. I think it can go in her favor when the judges see how there doing her. If she is paying child support then she still has rights??

I feel that a baby should be with its real mom i dont know situation but all mom should. Have a second chance with there child pray about it god wants all children to be with both dad and mom thanks for listening

I don’t intend to sound rude, but I feel like some key details are being left out. If you pay child support you have parental rights. If she didn’t have any rights, she wouldn’t have to pay.

If shes paying for child support then she has rights

Sad to say but if she lost rights, it’s too late.
Sad & heartbreaking to do to a women growing & going threw a separation to loose her son forever.
I been there. It doesn’t get easier🥲 Have her talk to a lawyer at least

She needs to get a lawyer and go to the courthouse see what she can do. Evey state has there own way of doing things.

I don’t understand why she didn’t fight from the beginning. This child only knows his grandma as a mom. How is this going to affect this child?

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Were her rights taken after she was already ordered to pay child support? I’m confused how she’s paying and has no rights. I say lawyer up and discuss your options.

Ask for a modification !! Keep track record of phone calls things u do try to see your baby. Pray baby pray there has to be someone out there willing to help you sucks the system cares about money and doesn’t look at whole picture wish u best

File a petition with the court saying she wants her son back keep records of her child support payments this is very important, get a lawyer he will know what to do especially if the mom is the one making all the decisions.

How can she do that without any paperwork? Her words mean nothing! She can’t do that!

What state is this in? I ask because in MA if the parents are not married the mother has sole legal custody in the eyes of the commonwealth unless a court order states otherwise. Definitely need to seek legal consultation.

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She needs to make sure she can support herself AND her child financially, including medical expenses. That’s a decent and clean place to live with his own bedroom. A decent car. Child care when he isn’t in school. If she can prove all of that, she can get a lawyer and take the family to court.

Another thing that would help in court is if she can prove she’s up to date in court AND if she can prove every time she’s asked to see him and they’ve refused, AND if she can prove what the father has said about his mother.

I’m just wondering how they can keep her child from her. And if she’s paying child support, shouldn’t she also have visitation? If she does and isn’t getting that, then wouldn’t the dad/grandparents be in contempt? Definitely get a lawyer and fight for your baby. You got this, Mama.

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Who took her rights away? The mom or the court? The mother can’t take away the rights if that’s the case. However, if it was the courts, she needs to file a petition and get an attorney. She will need to prove why she deserves to have rights to the child.

Get a lawyer. If she has rights to visits even supervised I would call to have an officer come by and enforce it. If not I would have it reported that they didn’t abide by a court order and are keeping her son from her. Leave a paper trail… talk to them via text. If you show up to the house video any encounters that you can show in court. I would be sitting outside that house waiting for them so I could see my kid. They have to come out at some point. I feel like there is more to this since she only tried a couple times to see him?

This is odd… I think there’s a lot of information missing here…

I would of been fighting day and night for the past 9 years to see my baby!

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There’s always 3 sides to every story your side his side and the truth that’s what the lawyers will say I promise you

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Consult an attorney and if he/she thinks she has a case they will take it and if so petition the court also for a guardian ad litem for the best interest of the child. A grandparent should not have that much control over this type of situation and sounds like she is enabling her son to be a lazy bum which sends a message she can’t be much more for as a parent either. Also why is she ordered to pay child support if her rights were legally taken away … That doesn’t work both ways. If she is ordered to pay child support then she still has legal right at least to visitation. GET A LAWYER AND FIGHT FOR YOUR CHILD!!

So much is missing here. Why did your sister just up and leave without her child?
Why has she not sought out legal advice in 9yrs.

Is there a guardian ad liter program in the county or parish they live in? They could help.

Cps coukd help get her rights back

These stories get more outlandish each time.

1st hire a lawyer
2nd hire a lawyer
3rd hire a lawyer
She can ask the dad for visitation without going to court but if he says no then she has to get a lawyer to help her out. If she’s paying CS then she has rights. Won’t be cheap but it might be worth it in the long run. But the best advice is getting a lawyer above all.

Is there any sort of legal aid around you? Try seeing if there is any attorney around that’s willing to help make a case out of this

Ya get a lawyer and fight for your child

Nine years, I would’ve been fighting for my son from day one. There’s plenty missing if she’s having trouble getting her rights maybe she dont need them. In nine years she finally wants her son, ok u can’t make me believe shes a good person. Courts usuallt side with the mother. But it sounds like to me she hadn’t even tried to go thru the courts. Soooo, my advice, ur sister should’ve gotten her sh!t together nine years ago. Sounds like the father’s a dead beat too in my book, grandma should be given custody and child support.

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With no rights, there is no child support.
I would be asking for the final court order and look it over with a lawyer ASAP ROCKY.

Take grandma to court. If mom is paying child support. She still has rights to her child.

She’s going to have to go to court and fight for him

Petition the court for custody.

She needs to contact a lawyer

Your sister needs a LAWYER.

I hope the best for you and her

It needs to go through court

Check into legal aid and find a lawyer and fight for visitation. No judge is going to deny her child knowing and spending time with his mother. If she didn’t go to court and have child support ordered and visitation ordered and signed by a judge, none of what grandma or the father says is worth anything. They can tell her anything they want. Doesn’t make it true if it’s not signed by a judge and filed in the court. See if legal aid can get you a lawyer and fight for custody and visitation. If dad is disabled and doesn’t do the parenting, it shouldn’t be hard to prove that it is in the best interests of the child to be with placed with his mother. Also. Document. Every time she calls and no answer. Every time she goes over there and no answer. They are literally keeping her from her child. The court will not take that lightly. Document EVERYTHING, from day one. Be prepared when court day comes. Also, until that court date, keep trying to communicate with both dad and grams. Because the more attempts you have, the more you can show it is a repeated behavior. Do not give up.

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How about talking to a lawyer or talk to some one who works at a court?

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All I can say is court. Talk to someone at the court office and they will help you. You even may have to go in front of a judge. This isn’t even right what they are doing to her.

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Typically when you sign away rights you sign away all legal responsibility to the child very rarely do you pay support. Something isn’t making sense and there is more to the story. I’d look into parent alienation which is a big no-no and request visitation if she’s paying for the child she has ever right to have access to the child. You have to go through the court.

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Honestly most places are mommy states as long as they can’t prove her unfit mother and they will grant her at least joint custody and visitation since the visitation will be court ordered so they have to comply I would gather every call every text and every interaction u can even get some evidence he cheat so she can show the court u never wanted to leave her baby they made her but she needs a lawyer and a good one just in case they get one too they can even fix the child support amount

None of this makes any sense. I think something is off here.

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First of all, stop calling him “the boy”. He has a name, and he should be called by that. It’s disrespectful.

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Before going to court… she needs to be documenting EVERYTHING that is said/done. Dates, times, attempts made by her, and reaction or lack of from them… EVERYTHING. She will have a much better chance at getting what she wants if she has some good solid evidence to support what she wants.

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If she’s paying c.s then she has her parental rights, if you don’t have parental rights they don’t take child support from you at all because you are not the parent period. They take you off the whole birth certificate and everything. She needs to pretend to be with the b.d and figure out a way to get him home.

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I think if he is getting disability, the child will draw of of him. Go speak to a lawyer, first visit is free.

Not trying to be rude your sister ever seen the movie Losing Isaiah if not she needs to watch it. This child doesn’t know her. Why would she just want to snatch a child from the only parents he’s ever known. If she really wants her child back she’ll go to court and get visitation and build a bond with this child. Then get her life together cause I’m sure the courts just didn’t give up all her rights for no reason. In some states a child of a certain age can decide who they live with. After she puts in years of getting to know him as a mother who really cares he may decide to live with her on his own. It’s only fair to the child unless he is being harmed to let him stay where he is.

Why doesn’t she have rights? Did she not ask for them? Or was she denied right through the court? She has to be really bad for a court not to give visitation rights. I know abusers who still get rights because they asked for them. She should take him to court. She need a lawyer.

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Did she sign over her rights? If not she can walk in and take her child she is the mother.

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Why has she followed what they say for 6 to 9 years , who cares what they say she should have fought for he rights and right of her child from the start . What was she doing for the last 6 years I mean she should have gotten visits thu the courts .

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Go see a lawyer after you have grown a backbone!!!

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Check with a lawyer…they have pro bono ones available…shell probably have to take them to court for custody or visitation or something.

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9 years! You don’t desperately want your child if you wait 9 years… sounds like your leaving ALOT out of this story cuz it’s gotta be a really bad situation for a judge to terminate a parents rights. And I don’t care who it is… if you have a chance to get into that house and be with your son then you will do ANYTHING!

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if she is current on child support she can petition the court for visitation …maybe even is she is behind …both parents are entitled to see children unless one is proven unfit or a danger to the child

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She needs to file a modification for custody and parenting time. U can easily print the form off for free online. Also print off fee waiver form. Then she can take it to the courts that way and it’s up to the courts to decide. Don’t let the gma scare or intimidate.

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The best way is to contact a lawyer.

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Get legal advise! That’s the only way you can
exorcise your rights. Take care of this now. No reason the mother-has all this power.

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Why hasn’t she gone to court if she pays child support she has every right to go for visitation and even fight for her child back. There’s got to be more to the story bc the grandmother can’t just take rights away from a mother and not allow her to she her child plus put her on child support. Your sister has aloud this BS to go on and had every right and plenty of opportunity to go to court and fight for her child

First question: did she sign over her rights voluntary or were they involuntary terminated? Secondly, she needs to go to court and ask for visitation with her son, either with a court appointed supervised (she’ll pay hourly for) or at a visitation house from a DHS Agency & that’s normally free. The visits will start out slow, but they’ll increase. She can, also, ask for a GAL, Guardian Ad Litem, which is a court appointed attorney for the child, who speaks to the child and whose interests are only in what the child’s needs and wants are. She can then request that the visits get moved to community based and only held in a community setting. If your sister doesn’t have any drug, child engagement, or any other criminal neglect charges against her or didn’t sign her rights over, she should without a doubt be able to see her child. I mean, I don’t know why she hasn’t started this process years ago. She needs to show that grandmother that she’s the mother snd not her and the grandmother needs to learn her place. It’s great she was able to stand in when your sister didn’t have stable living conditions, but if your sister is grounded, then she needs to step aside snd let her be a mother to raise her boy. And as for her sisters ex, he’s an ex for a reason and she should not that him back. And what a shame to use the boys money over your sisters head. That money is for that boy and not for the boys father to sit his ass home and okay video games. What a loser. Your nephew will grow up and know his mama tried to contact him and was constantly shut out, but it’s never too late for her to try. She can apply for a free attorney through pro Bono to get the process started. There should be IFP , informa paupris forms that she can fill out to get things waived for free, depending on her income. Tell her there’s nothing to fear, but fear itself and she’s only letting time pass by. One day she’s going to wake up and her boy is gonna be off to college. Good luck!

I’m sorry what…did she sign legal papers??? How were her rights taken??? If it’s only the grandma saying this it’s utter bull**** and she can easily take HER baby back. Go to court. Get 50/50 custody or more.

First off if they terminated her parental rights then she doesn’t have to pay child support. And they can not keep the child from her. Of course it depends on the State and depends on if they terminated her rights with the courts too . If there is nothing on paper legally through the courts then she needs to go file. And on a side note it isn’t up to the mother she has nothing g to do with any of this.

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Take him to court. If this is the whole story then she will win in court.

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Move in, play nice, make them think all is peachy and in a year or so, take the kid and go

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Considering she was a legal adult at 19, she should’ve taken the baby with her when they kicked her out. I know circumstances were hard for her, but the story isn’t adding up. They couldn’t force her to give up rights because she, as an adult and legal guardian to the baby, didn’t have to. And if they took her rights away, why is she paying child support for a child she barely gets to see? Makes no sense tbh.

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Uh she should ha e called the cops at the time. Also she’ll have to file for custody. If they made her terminate her rights that would have been the courts decision and could have more missing details than just nowhere to go. The court won’t terminate rights with just that alone.

I don’t think any of you understand how abuse works…

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She never actually said they went to court. It could just be all grandmas doing. She took advantage of a young girl sounds like with no family support. I would not have left my baby no matter what. Where are here parents while all this is going on? Why are they not helping their daughter out? And why after 7yrs is she now trying to find legal action to try and get him. He probably doesn’t know who she is so if she does get him hes going to be with a stranger. Grandma is a manipulative bitch and dad is a dead beat ass who let’s grandma run the show. I hope she can get him back. Definitely get a lawyer record everything every attempt to see him every call everything grandma and dad says.

Get a lawyer. Then take them to court for kidnapping. And pretty sure they can’t make you pay child support on a kid you have no rights To. Something doesn’t add up.

Take them to court. Depending on what state your in she can get a public defender to help her out for free. This doesn’t sound right. Best wishes

It’s definitely time to find an attorney and file a complaint on how they are handling child support. They are just using the child to get money.

Your sister needs to talk to an attorney well versed in custody matters. The dad doesn’t care about the custody as he’s on disability and lives with his mother. He is receiving child support from your sister also. Did this EVER go to court? Is there a custody agreement signed by your sister giving up all her parental rights? Make sure you have your sister document every time she’s asked to see the child, every time they told her no, every text she’s received from her ex, especially the ones where he’s bragging about her having to work and pay him and that it was his mother that pushed this. She has to have a stable living environment and a means to take care of the child. Also remind her to write down exactly how this all came about. His mother did this he didn’t. Good luck

Thats called malicious parenting and there are laws in place to help her

THERE IS MORE TO THE STORY,THEY JUST CANT TAKE AWAY YOUR RIGHTs!:thinking:

More than likely her rights were never legally taken away unless she actually went to court for it because I can guarantee there was a court hearing regarding termination of parental rights. She should have gotten something in the mail regarding that court date if I was her I would definitely contact ccsf or the court and inquire about that because the boys grandmother cannot initiate any of that unfortunately grandparents don’t have any rights whatsoever to do any of that stuff

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