If you have legal custody though the court then you can get your son back. However if you signed a notized letter stating that he could live with his father it would be up to the judge to determine if he is going to honor that. In order for the judge to do this the father would have to take you back to court and get the judge to over turn the orignal order. If he does that then you need to make sure the judge is aware of his drinking problem.
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Submitted 104 days ago...
I have sole custody of my son in my divorce, but had to allow him to stay with his father after getting into trouble, how do I get him back..
I gave a signed and notarized letter allowing custody to be given to my ex husband when my son got into trouble and the courts said he had to go live iwth his father. His father is an alcoholic and got away with molesting a 15 year old. My question is this - I was never served with any papers saying the custody was legal given to my ex by the courts. Does that mean I still hold custody? He is 16 and wants to come home to me and get away from the aloholism. If no legal custody went through the courts and I do still retain custody of my son, can I go pick him up and bring him home?
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