How can I get visitation rights again or go for custody?

My son’s paternal step grandmother got full custody of my son when he was 10 months old. I thought it was temporary custody. I made a lot of mistakes since then and got visitation rights about 3 years ago. I was with a guy who started abusing me verbally and physically in front of my kids during weekend visits. I left him and ended visits but tried to keep contact but didn’t know phone number or address after I left the relationship. I am in a much better relationship, have my last 2 kids born (a 5 year old and a 1 1/2 year old) in my custody. I have a pending SSI case and have been trying to speak with my son and see him but his stepgrandma won’t let me. How can I get custody and visits again?

Asked on August 2, 2012 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Congratulations on turning your life around.  You should be very proud of yourself.  You will need to file for return of your child and that means file for a petition for return of custody.  I would go and speak with legal aid about what the courts in your area require and who they will look to for an evaluation of your circumstances to allow custody.  You will also ask for temproary visitation rights pending the custody determination so that you can re establsh your relationship.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Congratulations on turning your life around.  You should be very proud of yourself.  You will need to file for return of your child and that means file for a petition for return of custody.  I would go and speak with legal aid about what the courts in your area require and who they will look to for an evaluation of your circumstances to allow custody.  You will also ask for temproary visitation rights pending the custody determination so that you can re establsh your relationship.  Good luck.


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