My aunt has custody of my son. What steps do I take to get my son back?
Your aunt isn't the one with custody. The state is. What you need to do is petition the court for custody of your son. You'll have to go through a few steps before you can get your son back, so here's what you need to do.
3 Steps of Improving Chances Regaining Custody.
- Get a family law attorney and fill out the paperwork for a child custody petition. There may be forms at the courthouse or your attorney may help you fill them out.
- Schedule a hearing with the judge who handles child custody petitions from your county (look in your state's code of laws online).
- Go to your hearing and bring evidence that you're a fit parent—a letter from your employer, tax returns, medical records, etc. —and make an argument that you're better able to care for your son than his aunt is.
After the hearing, if the judge rules in your favor, they'll issue an order granting custody of your son to you
There are three steps you can take to improve your chances of regaining custody of your son.
Chances of Regaining Custody
If you've had your children taken away from you, the idea of regaining custody is likely very scary. It's understandable that you're feeling this way, but it's important to remember that not all cases are similar. Your lawyer will be able to give you better insight as to what your chances are of regaining custody, but here are a few things to keep in mind:
The first thing your lawyer will want to do is assess the situation and figure out what steps need to be taken. In most cases, this includes gathering evidence and presenting facts of your case in court. They can help inform the judge about why the children should be returned to you and not the current custodian.
The judge will also want to know how much of a threat you pose if they do decide to return custody back to you. The team at Ascent Law Firm can look into any potential issues or problems that might arise in order for us to figure out how best to ensure that we can help with this case.
In the past, Ascent Law Firm has been successful in helping clients gain back custody of their children. If you have further questions, our firm would be happy to go over them with you. You can get free consultation with Ascent Law LLC.
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506