fighting my mother for custody of my son

[Need2BWitMySon]

What is the name of your state?New York

My mother was awarded custody of my son four years ago. At the time I was only 22 years old and wasn't stable enough to fight her back so I gave in. Since then it has been a constant war, when I want to see my son she makes excuses but when she has something to do she harrasses me to take him. I pick him up every other weekend and sometimes more than that. I give her $300 a month plus buy him whatever he needs. Now I have my own apartment which I've been living at for over a year and a job as a web producer for two years and I am ready for my son to come live with me. He also asks to live with me almost every day. Not only that, but he sees a therapist once a week because he acts up alot in school due to his emotional stress of wanting to live with me. Whenever I bring this up she says I will NEVER take him out of her house. Is there any advice you can give me about the chances I have at getting him back? Or what I should prepare for? Any help would be much appreciated. I can't deal with this much more. Thanks.

 

[LdiJ]

What is the name of your state?New York

My mother was awarded custody of my son four years ago. At the time I was only 22 years old and wasn't stable enough to fight her back so I gave in. Since then it has been a constant war, when I want to see my son she makes excuses but when she has something to do she harrasses me to take him. I pick him up every other weekend and sometimes more than that. I give her $300 a month plus buy him whatever he needs. Now I have my own apartment which I've been living at for over a year and a job as a web producer for two years and I am ready for my son to come live with me. He also asks to live with me almost every day. Not only that, but he sees a therapist once a week because he acts up alot in school due to his emotional stress of wanting to live with me. Whenever I bring this up she says I will NEVER take him out of her house. Is there any advice you can give me about the chances I have at getting him back? Or what I should prepare for? Any help would be much appreciated. I can't deal with this much more. Thanks.

You have a decent shot. Her "edge" is that she has had custody for 4 years. Your "edge" is that parents have the constitutional right to the care and control of their children. Get yourself an attorney and file.

 

[Just Blue]

As long as all your ducks are in a row and you're complete cabable of caring for your child it is very unlikely a court will denied the natural parent custody. Being a consistent part of your child's life during these years will also benefit your case. File immmediately.

Welcome Back!

 

[Need2BWitMySon]

Thanks!

Thanks so much for your responses. I am going to court first thing Tues. morning to file for custody back! I have one more question....Is a lawyer absolutely necessary? And does anyone no an approximate cost?

 

[LdiJ]

Thanks so much for your responses. I am going to court first thing Tues. morning to file for custody back! I have one more question....Is a lawyer absolutely necessary? And does anyone no an approximate cost?

An attorney isn't absolutely necessary, but its really best to have one....particularly if your mother would have one.