How do I get custody back?

[hurleyslove]

I am the mother of a 12 year old boy. His grandparents took custody when he was 6 months old. His grandparents are getting divorced and his grandmother dose not want him anymore. She wants to sign him back over to me. My question is how do we go about doing this without all the court system or do we have to go through the courts. He has done told his grandparents that he wants to live with me. What do I do?

[Kitty C.]

In order for it to be done legally, it must go through the court system.  If your grandparents obtained custody through the court, any change must be made by the court.  If you don't have it done legally, the court would still recognize the grandparents as the legal guardians.

Is the father involved or, if not has he signed over his rights?  Unless the father is deceased, that must be done legally, too.

[gemini3]

You also have to consider the grandfather.  Where is he in all of this?  If both grandparents were granted custody then he will need to be considered as well.

[hurleyslove]

His father is not involed in his life and hasnt been for at least 5 years. His grandfather is willing to sign him over too.

[Kitty C.]

You still should make every attempt to contact the father to let him know there will be a change in custody.  Unless he has signed over all rights and responsibilities as a parent, he has a right to know.