Monday, August 18, 2014

How does a mother in prison for 15 years make a change in who her son lives with? He is currently with his maternal grandmother who has no l...

Question

How does a mother in prison for 15 years make a change in who her son lives with? He is currently with his maternal grandmother who has no legal custody but has had him for past 2 years.



Answer

Unless the grandmother has a legal claim on custody by a legal order of custody or guardianship, the mother can reclaim custody by notifying the grandmother of her desire to obtain custody of the child. If the grandmother has a guardianship you must file a petition to terminate the guardianship and request temporary visitation until the petition is heard by the court.



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