Q: If a mother gives up primary custody of her one-year-old how hard would it be for her to get her child back
My wife's mother had just died and she was struggling going through postpartum depression she gave up primary custody of her one-year-old to a friend. Now the friend is refusing to let my wife see her child and she wants to regain custody. How hard would it be for my wife to regain custody of her child
A:
Thank you for your question.
If your wife’s friend does not agree to give back custody of her children, she will have to file a motion to modify same. There must be a change of circumstances to warrant a change in custody. Additionally, you must also show that it is in the child’s best interest to change custody. I suggest that you consult with an experienced family law attorney who would be able to assist you with your matter.
I hope this information was helpful to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.