If temporary custody of a child is awarded by the mother to the grandmother, how does the mother regain full custody of the child?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.