Q: My son went to my mother in MI temporarily while I was incarcerated. I still have full custody. What are my rights?
My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is now with my sister and her husband. I do not want him there. I do not approve of this situation! I am being told they will not send him back and I cannot contact him. But they have no legal rights. My mom and sister and I have never had a good relationship. My son is 16. They are telling me he can now “choose” where he wants to live.
But I thought that only applies to parents. And I never gave them power of attorney or any permission or guardianship for my son.
What are my rights? How do I go about handling the situation? I am working the same job for a year and 1/2, I have a vehicle, an apartment. I have done everything I possibly can to get my life back in order to have my son.
A: You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak with a local family lawyer for more specific advice.
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