Can my kid’s mom sign custody over to her mom without my consent?

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Can my kid’s mom sign custody over to her mom without my consent?

My kids live with their mother and have since we split 5 years ago. She is now going to jail for 4 years. We never had a custody order; we agreed that they would come live with me when she goes to prision. Now that she is going in 2 weeks she texted me and told me that she signed custody over to her mom. Can she do that without my consent or notifing me? Can I just go get my kids?

Asked on April 6, 2012 under Family Law, Missouri

Answers:

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

Answered 9 years ago | Contributor

Were you married when the kids were born?  If you were then you have custody rights automatically under the law.  If you were not then you are going to have to go tocourt toestablish them as she is considered the legal guardian of the children.  But you need to go to court regardless because you now need to be the custodial parent of the children.  Get legal help.  Good luck.


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