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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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After a diving accident in 2013 which left my son a

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After a diving accident in 2013 which left my son a quadriplegic, gave up my parental rights on my son to his aunt and uncle for his best interest and care.. it wasn't the case and by Jan 2016 the Doc's gave my son a prescription for SCI rehab, the aunt and uncle refused to travel over a 100 miles to take him to rehab. I offered to take him twice a week and pay for gas, meals etc.. they agreed but changed their minds the next day.. he is getting some physical therapy at a local hospital 1x a week. because of my interventions to help they informed me I am not welcome to visit him, I have always visited him weekly, since then he is depressed and misses his dad, he does not bring up the issues to his aunt and uncle for whatever reasons. he will be 18 this August.. Can I file a motion on this situation to continue seeing my son??
Submitted: 7 months ago.
Category: Family Law
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. This all depends on what you mean by you "giving up" your parental rights. If your parental rights were terminated, then I am afraid at this point there is no ability to file to "reinstate" them. However, if you never terminated your parental rights, but simply allowed a transfer of custody or a guardianship to his aunt and uncle, then this is indeed possible. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 7 months ago.
Can I file a motion on this situation to continue seeing my son??
Expert:  Ely replied 7 months ago.
Again, this all depends on what you mean by you "giving up" your parental rights. If your parental rights were terminated, then I am afraid at this point there is no ability to file to "reinstate" them. However, if you never terminated your parental rights, but simply allowed a transfer of custody or a guardianship to his aunt and uncle, then this is indeed possible. Do you know which of the above you did?
Customer: replied 7 months ago.
I'm not looking to reinstate my parental rights, he's going to be 18 in August.. i want to continue seeing and visiting with him.. visiting him was agreed on by all parties, and obviously myself and the aunt and uncle had a difference of opinion on his care, i spoke my mind as well as they did, then a day later they told me i was not welcome to their house...Again, can i file a motion to continue visiting him?
Expert:  Ely replied 7 months ago.
Thank you. It is not possible to simply file a motion to visit someone. A motion is part of a larger suit, and in general cannot be filed independent of a lawsuit. As such, you would have to file a suit for modification custody and then file a motion for temporary visitation while the suit is pending. So this is possible, within the lawsuit for custody. Of course the lawsuit may simply be abated (dropped) once he turns 18, but the motion filed within would have provided an opportunity to visit with him. But this (the suit for modification of custody) can only be done if your parental rights were not cut all-together. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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