Asked in Family Law for New York

Q: Can my 2yr old son's paternal grandmother prevent me from having my son back after she babysat for a week?

My 2 year old son and I gave always lived with my mother. Neither my son's father or I have custody papers. I've had 3 restraining orders because a of my ex's violence against me. He has assaulted my mother as well. While I work a night shift, my son's paternal grandmother and my mother have agree to alternate weeks to babysit. Things have been working fine, until two days ago. The paternal grandmother will not allow my to see or have my son until Sept 9th. She has filed a petition for custody. She a angry that I allow my son to be around my significant other. And unless I sign terms that state I will not have my son around my significant other, I will not see my son until her court date. She agrees that my I am a good mother, that I excellently provide my for my son emotionally, spiritually, mentally and monetarily. How do I get him back from her? Can she legally take him from me and from my home until her custody court date?

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1 Lawyer Answer
Yasmin Gamboa
Yasmin Gamboa
  • Belleville, NJ
  • Licensed in New York

A: She has not right to your child at the moment. You may go to the police and have them go with you to get your child. However, if the child's father is there he has rights to his child, especially since there are no custody ruling.

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