How can I get my Son back from Grandparents

[drgneyes]

I live in Wisconsin and I am a single mom of three kids.. the short version of this story starts out when my son was 7 years old. I went through a tough break up of someone I was with for 7 years (Not his father). I was in the process of moving, working part time, and at the time was younger and made some wrong choices. So my mother stated that she would help me out by taking my son until my move was done and I had found a full time job and was stable. So therefore my son went to live with my mom who also lives in the same city as me, when he was 7.5 years old the summer of first grade. I then moved in with a girlfriend and found out I was pregnant. I found a job and had my own place before my baby was born and after she was born went to my mom and told her that I was ready for my son to come and be with me. My mother stated that maybe I should give it some time to get used to another child and that he was doing well in school and so on and so forth. So against my better judgement and even though I really didn't want to, I thought that was ok for just a little bit longer, after all my appt was only one bedroom, but I would have slept on the couch as I had been doing anyways. So about 3 months past I had him on the weekends and would go to his activities and things, I fianlly found a three bedroom apartment to rent, in a city about 25 min away. My mother still wouldn't give him back to me as she stated that he was was going to be in the talented and gifted program at the elementry school and that where I moved to didn't offer the same program. Everytime I would iniate a conversation about why I couldn't have MY SON back it always ended up with her telling me how I can't raise him right and that she can do better with him.. YET I have two other children that I raise on my own, if she feels that I am a Bad mother why only try and keep my son, why not my other kids??
So here we are about 4.5 years later, told my mom that no matter what I was coming to get my son this summer and he was going to stay with me from now on.. she had my dad call me at work and state that if i didn't sign the passport papers that she wants me to sign that he will get a lawyer and he has enough on me to make sure I don't ever see my son again. Also states that I will not take him away from them. My mom said that if I take him away she will file the taxes for the last 4 years that she hasn't filed for and I better have not claimed him.. (I claimed him in 2010, BUT she told me I could as I asked her) I didn't claim him the other years and neither did she. Oh well that's not my problem I told her she could claim him and she didn't. She also said that since she has had him for this long she can take me to court and have my custodial rights taken away and make her the "Parent with all the rights" There is NO LEGAL DOCUMENT that says she has ANY CUSTODY or even GUARDIANSHIP. I do have badger insurance on him, I also receive food benefits, I give my mom some food. I receive these benefits for all three of my children. We did go to court back in 2005 for kinship, but the state closed the case I don't pay child support, and I am the one that is receiving child support from the father.

So my question is this (sorry just want yo to know the whole story first..lol)
Can I just go get my son at my moms and can she do anything about it????
What about taxes that she says I never had permission to claim for this past year? I can't prove I asked her but she can't prove I didn't. HELP! PLEASE!

 

[Banned_Princess]

you certainly could have tried not leaving him there in the first place.

 

[Proserpina]

Usually I'd say "Go get your child" without much, if any, hesitation.

But he's been there an awful long time - are you willing to take him from everything he's familiar with?

Wisconsin does allow a third party to petition for custody and in all honesty your mother would stand a better shot than most (though still not great). So the answer is yes, you can absolutely go and get your son and there's not a darned thing your mother can do to stop you.

But be warned - if she does file you NEED an attorney.

 

[drgneyes]

Proserpina..

Thank you for that advice... However I would like to say that yes I do understand where you are coming from with how long he has been there, but I did have him every weekend and holidays etc.. my son has told me that he wants to stay with me, but says his nana keeps enrolling him in activities making it hard for him to be able to come with me since I can't get him to all those activites, I can get him to some but not all 4! If my son had told me he wanted to stay there, then in his best interest yea that would make sense to me. But my mom says he says that he wants to stay with her.. when I ask my son, he says he wants to come with me.. I told my mom we need to all three sit down and she tells me that he isn't old enough to understand all this and that we as adults need to make the decision... Well I'm sorry he is 12 and he knows perfectly well what is going on.. Thanks again

 

[Proserpina]

No, your Mom is right on that one - your son should NOT be involved in adult matters of this nature.


The last thing all of you need is to be putting him in the middle of this.