Q: If I go into a recovery center can my son's father take him from me? there is no legal custody agreement. my son is 8
and lives with me in my mom's home with her and my stepfather. he is with his dad on weekends @ 100 miles away. how can I assure that he does not try to keep him while he is in my mother's care?
A: How long will the recovery center be? Generally you have a right to be in your child's life. If the court determines you to be unfit or unable to care for the child (e.g., while you are in a recovery center) they can award temporary custody to the father; you can then petition to change custody after completion of the recovery center.
A: More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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