How to regain custody of kids

[m492010]

Hi I'm new here and need some advice on how to regain custody of our 3 kids. My wife and I seperated about 3 yrs ago during this time she sign the kids over to her grandmother and uncle. I dont get to see them very often because they dont like me and lies has been told. We both were paying child suppoert and I lost my job and got behind so to stay out off jail I feel like I was forced to sign custody over th them. Me and my wife are working things out and want to get our family back but the grandmother is threating my wife if she comes back home we will never get the kids I am back on my feet with a stable job and a home. We dont know what to do when we are threaten not get get the kids back if my wife comes home We need help.

[tigger]

When you say "sign custody over to them" what EXACTLY did you sign?  Was anything filed with the courts?

[m492010]

Yes me and my wife signed  court docs giving them what they wanted so we wouldnt have to spend 3 months in jail for back child support (which was drop when we sign the papers) I am suposse to have visition but only supervised they still want let me see them that way either.

[ocean]

Does your wife have any visitation through the courts?

If you have supervised, then send them a certified letter stating you want to start the supervised visits on XX date (look at your court order and see if it states a day/time you are supposed to see them). If they refuse, file in family court for contempt of court, as they are not following a court order and modification of visitation to change the supervised since it is not working.

It really depends on what went on. If you think you can get visitation ordered with what has been going on then file together, or it might be better to file yourself.

Are you two living together? If you totally signed away ALL rights then you may not be able to get them back but you can slowing increase the visitation and maybe ask for therapy ordered through courts with kids.

[m492010]

My wife came home today we only sign custody over to them. She has same visition as myself but she gets more now than I do. When the other party fines out we are back togeather all visition for her will stop. Because they still hate me.

[MixedBag]

They still have an order that they have to abide by......for each of you.

So as soon as the visits "stop" -- you file a "Motion to Show Cause" and ask the court to penalize them and give you make-up time.

[ocean]

I agree... court order is a court order.
Family court papers are usually free to fill out. Either of you may qualify for legal services depending on salary. Go to family court and ask for the paperwork and ask to see legal aid to see if you qualify.

If you gave them custody and not your legal rights, then you can eventually get the kids back.

Remember the kids feelings. They took care of your kids when you could not. Respect that, but you are the parents and if you can prove you are back on track then you should get custody back. Get visits started up again, ask for counseling so there is someone who can talk to kids about all of this with you in room and help get your relationships back on track.