If temporary custody of a child is awarded by the mother to the grandmother, how does the mother regain full custody of the child?

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If temporary custody of a child is awarded by the mother to the grandmother, how does the mother regain full custody of the child?

Mother gave temporary custody to grandmother because of an enlistment in to the navy. Now the mother is out and wishes to have custody back but the grandmother does not want to give up the child.

Asked on November 22, 2011 under Family Law, West Virginia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for the situation.  When you say that it was "awarded" to the grandmother what exactly do you mean?  Was there a court order awarding custody, even voluntarily and with consent? Or was there an agreement of some sort?  Either way you need to go to court and have the agreement voided and/or the order vacated.  A Mother's rights are very rarely preempted by a grandparent's rights.  Only if the Mother has been deemed unfit and the award to the grandparent is in "the best interests of the child."  But here, the award was necessary and temporary and now, unnecessary.  So get some help.  Good luck and thank you for your service to our country. 


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