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Re: Regaining Custody of Son

My question is that I've only started following the 2nd step of your program when my son decided he was moving in with his father. He fought with his father and refused to see him for the past year and now he is refusing to see me. When I demanded that he be here, he accused me of "stealing a bottle of wine" from his father's house. His father and I discussed this as I have no means of entering his home nor would I steal a bottle of wine that I bought him over 8 years ago. My son said that is the way I work. I'm an "Indian Giver". I give things and then take them back, meaning that I recently took his cell phone away. He is extremely not making any sense and I'm devastated. His guidance councilor told me that the wine thing was told to him by his father. His father wants nothing more than to have custody of my kids so he won't have to pay support. I am giving him his child support for A__ since A__ is living there, for the past 2 weeks. A__ lived with me the entire last year. I don't want this to continue. We are seeing a councilor tomorrow night and I want this to end. I am asking you for some understanding as to what is going on because I'm confused and I have no family except for them. Please give me your opinions.

Sincerely, P.


If I understand you correctly, your issue here is that you want your son back. I must, of course, issue a disclaimer that what I write here cannot be construed as legal advice. It is, in fact, just general information.

You didn’t say who has legal custody currently.

When you agreed to let him stay with his dad, was there some sort of written agreement giving him temporary custody?

Is there a divorce decree giving you custody, and was there ever a court date to re-modify custody changing from you to him?

If there is a divorce decree giving you custody and it was never changed -- and the agreement giving him temporary custody was verbal -- only then notify the police and give them details.

You may have to go back to court to regain custody -- and he has to prove you are an unfit parent.

You can also petition the court to let your son decide who he wants to live with - but don’t coach him -- it has to be totally his idea, and if the judge senses he’s been coached, he won’t honor anything.

This is kind of hard to give an exact answer without knowing the above answers to my questions. Too many variables, but hope this helps. Good luck.


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