What is the name of your state (only U.S. law)? Virginia
My wife and I are fighting for return custody of our 5 year old son. We had him when she was 16 and I was 18. We were unmarried and she was still in highschool, so we signed custody over, in court, to her aunt so he would have medical insurance, etc. and we have visitation on weekends in which we drive 2 hours round trip to pick him up and again to return him, every weekend except for 10 months, where we were out of state while I was in vocational school. It was discussed prior to signing, that this was to help us until we could make it on our own, although I now notice it doesn't mention that on the court order. Since signing off, we have gotten married, she has gotten her GED, I graduated from vocational school and started a successful business with very flexible scheduling and my wife has held a steady job for three years. We also have adequate housing with a 3 bedroom house that we've had for 1.5 years and will have leased to us for years to come.
The aunt refuses to sign custody over to us and will fight us to the end. It has gotten confusing for our son, because now the aunt and uncle now call themselved mommy and daddy too. I feel like it shouldn't be a tough for a judge as I don't see that his best well being is to spend the next 13 years with his biological parents only on weekends until he turns 18. We want to do this now before he starts kindergarden and gets attached to friends in the area. He has only attended headstart (pre-k) while up there.
My bigggest concern for factors against us, is that they have provided primary care of him for this long and I thank them for it, but it is time for him to be with his real parents and have no problem with them visiting from time to time.
Few other pertaining factors are that the aunt does have medical issues, such as requiring a feeding tube, as well as possible Leukemia and lupus but I have no supporting evidence of it.
This is all taking place in the state of Virginia.
My wife and I are fighting for return custody of our 5 year old son. We had him when she was 16 and I was 18. We were unmarried and she was still in highschool, so we signed custody over, in court, to her aunt so he would have medical insurance, etc. and we have visitation on weekends in which we drive 2 hours round trip to pick him up and again to return him, every weekend except for 10 months, where we were out of state while I was in vocational school. It was discussed prior to signing, that this was to help us until we could make it on our own, although I now notice it doesn't mention that on the court order. Since signing off, we have gotten married, she has gotten her GED, I graduated from vocational school and started a successful business with very flexible scheduling and my wife has held a steady job for three years. We also have adequate housing with a 3 bedroom house that we've had for 1.5 years and will have leased to us for years to come.
The aunt refuses to sign custody over to us and will fight us to the end. It has gotten confusing for our son, because now the aunt and uncle now call themselved mommy and daddy too. I feel like it shouldn't be a tough for a judge as I don't see that his best well being is to spend the next 13 years with his biological parents only on weekends until he turns 18. We want to do this now before he starts kindergarden and gets attached to friends in the area. He has only attended headstart (pre-k) while up there.
My bigggest concern for factors against us, is that they have provided primary care of him for this long and I thank them for it, but it is time for him to be with his real parents and have no problem with them visiting from time to time.
Few other pertaining factors are that the aunt does have medical issues, such as requiring a feeding tube, as well as possible Leukemia and lupus but I have no supporting evidence of it.
This is all taking place in the state of Virginia.