Q: I gave my sister custody of my child but she wants to give it back, how do i regain custody ?
A: It is difficult to answer this question without a little more information. When you that you gave your sister custody of your child, I am curious as to whether a court order was involved. For instance, did you both come to an agreement and was the agreement then made formally part of a court order? Or, on the other hand, was this more of an informal arrangement between you both which worked out for a period of time, but perhaps the situation has changed?
Bottom line, if there is no court order, then to add clarity to the situation it is probably best to petition family court for an order which could include some visitation time for your sister, if you both wish to go that route. If there was already a custody order in place, which provided your sister with custody of the child, then you will need to modify the court order. If she no longer wants to care for the child, this would certainly be a substantial change in circumstances which could warrant providing you custody of the child. Again, I would need more information to really provide much help here. Many slight facts could drastically change the analysis. It's important for you to consult with an attorney about this situation. I wish you the best of luck going forward.
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.