Family Law Questions? Ask a Family Lawyer Online.
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Thank you for your patience.Writing "I give custody to my mother" (or something similar) isn't a legally binding order. She doesn't have legal custody unless a court grants her custody. Therefore, absent such an order, you can go pick up your children from her, or if she won't turn them over, contact the police and have them get involved.Now, that isn't to say she couldn't file for temporary custody in court based on your arrest, alleging for example that it is an unfit environment for the children to be in. And she could introduce what you wrote as proof that you "voluntarily" gave custody to her. However, you can counter that argument because you only agreed to write it under duress -with the promise she would bail you out.If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!
A different Professional here.
If a Judge signed papers giving your mother custody of the children because of the false information she and her Attorney provided to the Court, then you need to go back to Court and file Motion to Vacate the Order and ask that your children be returned to you. You need to tell the Court exactly what your mother and her Attorney did: lied to the Court about your alleged drug use, did not serve you notice of her petition for custody, etc. The Court would set your Motion for a hearing and you must appear at the hearing to make your case in front of the Judge.
You can obtain the forms for filing the Motion at the Courthouse in the Clerk's office.
Goodluck with your case,