Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I had my son at 16 and moved out of my mother’s home and in with my sister when my son turned 1. My mom agreed to keep my son until I finished high school so I wrote a note saying she could have temporary custody so she could keep her 2 bedroom for Section 8. Now I am 22 years old and on my third child. I have my own place and a job. I have been trying to get my son back but she won’t let me. Can I just take him from her? I have been in his life every step of the way. He knows me as ‘Mom.’ We have joint custody. If I take him from
her, can she charge me with kidnapping?’
Question: This case will turn on the substance of your custody agreement. The court will take an informal custody arrangement into consideration, but it is not bound to follow that agreement. It sounds like your agreement is not a court order. The best case scenario for your child would be for you and your mother to work out a visitation and custody agreement out of court. Otherwise, you can assert your parental rights by petitioning the court and contacting a family law attorney in your area who can guide you through the process of asserting your rights.
