Q: Can anyone come and take my son back from me?
My son had lived with his grandparents in LA for 2yrs with me trying to get him back for the last yr, they have refused, dad is now living there with his parents too, I have joint custody as managing conservator with his father, this last weekend when I was visiting I went and brought my son back to texas, he is 10 and has been begging to come home, I have a stable home&job, can they come and take him back from me? Is there anything they can do? I tried to work with them to transition. Him back home but was ignored&lied to, I did visit him often there and never signed any paperwork giving anyone any kind of rights. Also dad is 20k behind in child support, I did agree to forgive the last 18months that my son was in his parents care. Can they do anything to take him back from me?
A: Sounds like you already have an order in place. Read it for clarity. After that contact an attorney in the county in which the order was rendered. In order for you to get good legal advice the attorney should read your order and get a clear picture of what is happening now. Good luck. 888-343-4529.
The father always has standing to sue.
You have also now given his parents standing to sue.
Worse, they could argue jurisdiction should be moved to Louisiana, although you may be able to defeat it.
Whether they try all this, who knows?
A: It sounds like you already have a custody order in place. Review it carefully as it will tell you what you can and can't with your son.
Read your order to see who has the right to determine the child's residence.
If you have the right to determine the child's residence the grandparents can file a motion to modify that order based upon the fact that the child has lived with them for the past 2 years.
They may not do anything. But, if they do you need to be prepared to hire you an attorney immediately. If you do not currently have funds for a retainer, you should start saving or figuring out where you would get the money if you should suddenly need to hire an attorney.
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