How to Recover Custody of My Children from My Mother

My question involves a child custody case from the State of: Kentucky.
I gave my mother temporary custody 3 years ago after leaving an abusive relationship with the kids father. It was only until I gained employment and a place of my own for them. No courts or children services was involved. I have held a job for almost 3 years and also own my own home now. I live in Ohio and they live in Kentucky. I have always been involved in their lives. But after I had been working for over a year, my mother applied for public assistance and Kentucky started taking child support in which I am current. She (my mother) has made every excuse not to give my children back. I feel as if they would have a better life with me as they had before. She has had child services called on her because of her house being infested with bugs and dirty and currently because my son going with his father ( who does not pay child support and is not on either birth certificate ) and him getting arrested while leaving our son alone! I have a stable home, job, car and I'm drug free so the only reason other than her being attached that she won't give my kids back is the money and tax returns she received for having 2 children to claim. Keep in mind I only signed a notorized paper for Temporary custody.

How old are the children?

I realize that custody has never been changed via court order, but your Mom does have quite a bit of "status quo" on her side since she's had them for 3 years. I'm assuming they're in school in Kentucky, yes? You might have a huge battle on your hands.

What happened after child services were involved?

If grandma has no court order of guardianship or custody, then "status quo" counts for nothing unless she petitions a court to grant her custody or guardianship.

But.... That "notorized paper for Temporary custody" and the subsequent child support order could involve some form of court-ordered custody or guardianship. The documents and court records should be reviewed by a lawyer to determine exactly what happened.

After children services was contacted when the kids Dad for arrested, they told her that he was no longer allowed to have any contact with either child and his father (the kids other grandparent that took my son there) has to have supervised visits. My mom said that they would call me because I was their mother but never did. My son is 13 and my daughter is 5. Also when I got notified about the child support, they gave me a court date but on that day, the court called and told me they had to reschedule and never sent me anything just started to deduct my paychecks. I have a good relationship with my Mom and my kids but every time I ask when i can have my kids back and why she always wants to talk to her husband. They gain alot of money for my kids being there and I have worked very hard to make sure that once they are back with me they would have a stable home and not do without. I always held a job until I got pregnant with my daughter and after I had her, a year later, my ex beat me so bad that my mom talked me into leaving and putting him in jail. She let Me and the kids move in but 2 weeks later when I could not gain employment she said the kid could stay but I had to go. I moved into a hotel in a near by town so I could work and that's when she had those papers drawn up with her friend the notary. This was only supposed to be temporary and it did take me longer than expected but I had a job and a home a year later and she still would not give them back. It wasn't good enough? I was working part time but since then I now work full time. I also own my own home that has 3 bedrooms. They did not receive aassistance from the state until 2 years after they had them. She draws retirement and her husband gets SSI. I told her I can provide for them and want them back! She let's me get them in the weekend's and for however long I want in the summer but they both never want to go home to them. They sleep all day and don't participate in any of their school activities. I feel so sorry for them because I know I can do so much better for their well being.

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Quoting Mr. Knowitall

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If grandma has no court order of guardianship or custody, then "status quo" counts for nothing unless she petitions a court to grant her custody or guardianship.

But.... That "notorized paper for Temporary custody" and the subsequent child support order could involve some form of court-ordered custody or guardianship. The documents and court records should be reviewed by a lawyer to determine exactly what happened.

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I assumed the qualifier was actually a given, but thanks for clarifying.

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Quoting Marianne S.

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After children services was contacted when the kids Dad for arrested, they told her that he was no longer allowed to have any contact with either child and his father (the kids other grandparent that took my son there) has to have supervised visits. My mom said that they would call me because I was their mother but never did. My son is 13 and my daughter is 5. Also when I got notified about the child support, they gave me a court date but on that day, the court called and told me they had to reschedule and never sent me anything just started to deduct my paychecks. I have a good relationship with my Mom and my kids but every time I ask when i can have my kids back and why she always wants to talk to her husband. They gain alot of money for my kids being there and I have worked very hard to make sure that once they are back with me they would have a stable home and not do without. I always held a job until I got pregnant with my daughter and after I had her, a year later, my ex beat me so bad that my mom talked me into leaving and putting him in jail. She let Me and the kids move in but 2 weeks later when I could not gain employment she said the kid could stay but I had to go. I moved into a hotel in a near by town so I could work and that's when she had those papers drawn up with her friend the notary. This was only supposed to be temporary and it did take me longer than expected but I had a job and a home a year later and she still would not give them back. It wasn't good enough? I was working part time but since then I now work full time. I also own my own home that has 3 bedrooms. They did not receive aassistance from the state until 2 years after they had them. She draws retirement and her husband gets SSI. I told her I can provide for them and want them back! She let's me get them in the weekend's and for however long I want in the summer but they both never want to go home to them. They sleep all day and don't participate in any of their school activities. I feel so sorry for them because I know I can do so much better for their well being.

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Go and get your children. If she won't release them to you, it's unlikely that the police will help. You can file for temporary custody pending a determination, and you should expect Mom to fight tooth and nail. You really should do whatever it takes to get an attorney, because if your Mom chooses to fight, it's going to get messy very quickly.

I doubt they gain much cash money. What you're having to pay is for cash assistance and medical.

I think they get anywhere between 350-400$ a month and a medical card and possibly food stamps. What I pay in child support covers that and they also get whatever is extra which isn't much. I thank my mom for keeping them when I was having such a hard time but I feel they do not use this extra money for my kids. Sorry to seen like I'm ranting but I have to get this of my chest. I know that her husband buys frivolous things for himself (guitars, guns, 52' flat screen tvs ect) that they never had before they had my kids. They also get well over 5000$ in tax returns claiming them. My kids wear hand me downs and get picked on because they do not take care in their appearance for school. My daughter tells everyone they are poor because her mamaw says they are! They had lice and bed bugs forever and done nothing about it until I became furious and other family called in on them. I keep on good terms so I can see them and I think she thinks I won't get a lawyer but looks like that's going to be my best option because I'm afraid if I just take them she may file kid napping charges for crossing state line (she lives 15 minutes from me) So should I go to the Kentucky probate or juvenile Court to file for that or call child services?

When a child receives cash assistance and the parent pays support to the state, the amount of cash the.children receive isn't usually the amount the parent pays or even close to it.. You don't pay for food Stamps.

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Quoting Marianne S.

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I think they get anywhere between 350-400$ a month and a medical card and possibly food stamps. What I pay in child support covers that and they also get whatever is extra which isn't much. I thank my mom for keeping them when I was having such a hard time but I feel they do not use this extra money for my kids. Sorry to seen like I'm ranting but I have to get this of my chest. I know that her husband buys frivolous things for himself (guitars, guns, 52' flat screen tvs ect) that they never had before they had my kids. They also get well over 5000$ in tax returns claiming them. My kids wear hand me downs and get picked on because they do not take care in their appearance for school. My daughter tells everyone they are poor because her mamaw says they are! They had lice and bed bugs forever and done nothing about it until I became furious and other family called in on them. I keep on good terms so I can see them and I think she thinks I won't get a lawyer but looks like that's going to be my best option because I'm afraid if I just take them she may file kid napping charges for crossing state line (she lives 15 minutes from me) So should I go to the Kentucky probate or juvenile Court to file for that or call child services?

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You're just now deciding that child services is necessary? Seriously?

Fine, call child services if that's what you think is right. Or, file for custody. If you just up and take them whether or not your mother would yell "kidnapping" we cannot know - but I would think it's going to be difficult to prove that you kidnapped your own children.

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And seriously guys? Get off the cash money thing. You're venting because this woman raised your kids because you couldn't but she's not using the money correctly in your mind. Now, I'm supremely thankful that someone stepped in when you couldn't. And you yourself? You actually did a fantastic thing because you recognized that you needed help and better, you did something about it. Many parents refuse to do that - but you did it and yeah, I think you deserve a lot of credit for that. BUT... by the same token, don't be going off on child support and all the rest of it. It really doesn't matter at this point.

Y'all with me?

If one of your parents are receiving SSI, they aren't getting $5000 in tax refunds by claiming your children. Someone is lying.