Legal Question in Family Law in California
Can I get custody back from my mother if I move to another state?
My mother currently has guardianship of my son. My ex and I both willingly gave guardianship to her when he was 1, because neither of us were able to provide him with the care/support he really needed. I am now engaged, and my fiance and I want to move to Texas, where it's more affordable, with a better familial support system, and we can provide a better environment for my son than if we stay here (where we are struggling.) Can I get custody back of my son if I move, or will it be much more of a hassle than doing it before I move? While originally our agreement was I'd get custody once I was able to support him, I have a feeling my mother will fight me no matter what, and I want to make sure I have the best chance possible.
3 Answers from Attorneys
The next procedural step wold be to file a motion in the guardianship case to ask to terminate the guardianship and have the child returned to your care.
When the court looks at the termination of a guardianship, the court considers the reason(s) the child was originally in the guardianship, the amount and degree of contacts you have had with the child since the guardianship was established and the amount of time that the guardianship has been in place. If you mother is going to fight you on this, then you will most likely have a long drawn out fight ahead of you. You really need to find local experienced family law counsel to help you with this. Good luck!
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