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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19109
Experience:  B.A.; M.B.A.; J.D.
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The only way my mom would get me out of jail is if sign over

Customer Question

The only way my mom would get me out of jail is if sign over custody of my children cause I got arrested for hot checks. I signed on sheet just saying j was giving her custody i finally went to court office and found other paper saying I was on drug and saying I went to court I did not go to Court it is nothing but lies on those papers. Can her and her attorney do this. I. I did not want to sign custody over. To her but I wanted out of jail so I. Could be with my kids
Submitted: 9 months ago.
Category: Family Law
Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 9 months ago.

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.

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Customer: replied 9 months ago.
But a judge signed the papers and everything and I never went to court.
Expert:  Phillips Esq. replied 9 months ago.

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,

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