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  1. #1
    lnm43 Guest

    Angry my mother is trying to get custody of my son

    What is the name of your state? washington
    i have had custody of my son for all his life. Now when he is five and we are settled and residing with another woman and her children, (who we plan to marry), my mother decided she didn't like the lady and now she wants my son. She has not spent a lot of time with him in his lifetime. she lives in oregon while we live in washington. also she wrote me a letter and told me when she gets custody of him, i will not be allowed to see him. help, i am low income and cannot afford an attorney. what can i do to prevent her from taking him?
  2. #2
    krispenstpeter Guest
    Tell mommy in no uncertain terms that she had better read TROXEL before she tries anything.

    Now, where was the original custody order issued (state) and is there any reason why she thinks she, as a grandmother, has cause to gain custody?
  3. #3
    tcpmp is offline Member
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    I am in total agreement with krispenstpeter. The biological parents always take precedence. Your mothers barks is much worst than her bite.
  4. #4
    lnm43 Guest
    she thinks that she is going to be able to bring up my past... she also says because I have a misdemenor shoplifting charge on my record. I was granted custody in Oregon, but have lived in Washington State for at least 8 months. My girlfriends' mom is studying to be a paralegal and she called an attorney for a free consultation and he told her to file a nonjurisdiction form with the Oregon courts. My mom is hoping that I won't have the money to file necessary forms and if it wasn't for my father and my girlfriends' parents, I wouldn't. I have had sole custody of my son since his mothergave birth to him. She (the mother) is going to be one of my mother's witnessess. I have court on the 26th and do I need to bring my own character witnessess? My mother-in-law told me about the Troxel case. She just studied it.
  5. #5
    snostar is offline Senior Member
    Join Date
    Apr 2003
    Location
    Long Island, NY
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    Is court in Oregon or Washington? You need to call the court clerk and find out what is on the calendar for the 26th if you don't already know. Is it a conference, petition/motion being heard, hearing, trial or what?
  6. #6
    krispenstpeter Guest
    A petition for grandparent visitation rights or other visitation rights may be filed in a new legal proceeding or through intervention in an ongoing juvenile court, guardianship, or domestic relations proceeding.

    Custody may also be sought in special circumstances, where you can show a child/parent relationship. To seek custody, you must show physical custody of a minor child within the six months before a case is filed. It is important but not sufficient to show that you provided food, clothing, and shelter to the child. If you are seeking custody as a psychological parent, you must also show that they have assumed parenting responsibilities, at least temporarily.

    Generally, in custody contests between a natural parent and a psychological parent, the court will award custody to the natural parent, absent some compelling threat to the child's present or future well-being. The "best interests" standard does not apply in these situations.

    Reversing a lower court’s award of custody to a child’s grandparents, the Oregon Court of Appeals holds that the U.S. Supreme Court’s ruling in Troxel, prevents courts from relying on the “best interest” standard without giving “significant weight to the supervening right” of the biological parents. Newton v. Thomas (Ore. Ct. App., No. 990600; A109008, Oct. 31, 2001).

    Unless there is a lot more you're not telling us, momma is not learning much in her training.
  7. #7
    lnm43 Guest
    my mother is the one seeking custody, my girlfriends' mom is going through school. there is nothing else. i have had physical and full custody of my son since he was 6 months old. my mother has seen him probably a total of 16 times in his 5 years. he doesn't even know her that well. i admit that i have screwed up here and there, but nothing major and never with my son around. he is my life and my buddy. but as i said before, it all started when we told her my girlfriend is pregnant. i will call the courts monday and find out what i am going there for.
    thanks for all the help

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