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How to Regain Custody from Third Party Custodians

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  • 10-06-2011, 09:25 AM
    nita_melcher
    How to Regain Custody from Third Party Custodians
    My question involves a child custody case from the State of: san antonio, texas
    my step sons mother put my husband on child support two years ago. she gave him away after the court papers were finalized. we pay child support to her but she dosent have the child in her custody. he is with his god parents that will not give him up at all. the child support papers say that they have appointed joint managing conservators of the child to my husband and the boys mother. she temp signed her rights away to the childs god parents and got it noterized by a friend. it never went through a judge. and now they are useing that paper against us saying that the child is theres. we feel the need to get emergency custody of him or something because the child is not being taken care of the correct way from when we saw him. he went out to the street on a little bike and the god parents did not get up until they felt like it. so we are really worried.. the childs bio mother has asked us to pick the child up for permantly to live with us. can i take the cops and get him? or do i have to go to court?? please help!
  • 10-06-2011, 09:30 AM
    PQN
    Re: How Can My Husband and I Get My Step Son Back
    You can do nothing.

    Your husband can go and pick up his child. Bring the court paperwork and ID and call the police if they refuse to give him his son. The notorized piece of paper they have is worthless.

    How long has the child been living with his godparents?

    How old is the child?

    When is the last time dad saw the child?
  • 10-06-2011, 09:43 AM
    nita_melcher
    Re: How Can My Husband and I Get My Step Son Back
    he sees him every sunday and monday. the child has been with them since he was 5 months now he is 2 years old and the reason being is because his bio mother kept him away and refused to let us know were his where abouts were until just recently.

    what should we do after we get him?
  • 10-06-2011, 09:47 AM
    PQN
    Re: How Can My Husband and I Get My Step Son Back
    So he will get him this Sunday for an overnight? Then just pick him up as usual and keep him.

    If the child's legal mother is in agreement, then file a stipulated agreement on Monday with the court - giving dad full custody.
  • 10-06-2011, 09:50 AM
    nita_melcher
    Re: How Can My Husband and I Get My Step Son Back
    no the god parents wont let us take him any where they stay with him every second. and we kinda wanted to do something today about this situation..
  • 10-06-2011, 02:02 PM
    Mr. Knowitall
    Re: How Can My Husband and I Get My Step Son Back
    When the court awarded guardianship to the third parties, it would have required notice of the proceedings to your spouse. Are you claiming he did not receive that notice? (That he continued to pay child support to the mother even after the guardians were appointed?) If so, why hasn't he challenged the court's jurisdiction and award based upon the failure of the guardians to provide proper notice? How long ago did he learn of the arrangement?
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