Legal Question in Family Law in California

hi, im 16 years old, and i have a 3 month old son. my mom took my son from me and refuses to give him back. She thinks my house is "unfit". But, we have my child's changing table, baby bouncer,bassinent,pack-n-play,and dresser for him. The baby's father use to get drunk and be violent with the house, never with my son or anyone staying in the house. He goes to Alcoholics Anonnomus now and is never out of hand. I Have my child on W.I.C and medical. I have everything he needs plus stuff extra. She's threatening to call CPS if i show up at her house to take my son home. She's living in a 1 bedroom condo with 4 people, 5 including my son. My son went there to visit with her and stay the night. But, now shes not letting me take him back. What can i do?


Asked on 8/07/10, 11:53 am

1 Answer from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Your mother has no legal right to keep your son without a court order granting her some type of custody. You can call the police and ask them to assist you in retrieving your son. She may still call CPS, but that doesn't mean she will be able to keep him.

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Answered on 8/12/10, 12:03 pm


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