My sons mother lives with her mom. My wife and I have him every weekend and whenever my sons mother wants a nite out. She was recently arrested in New York State for Robbery and other charges. She is incarcerated without bail. We did not find out about it for a week, until we went to pick him up and her motger told us. As his father do I have to return him to grandma or can I keep him and file for custody?
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As the parent, your child is
As the parent, your child is your responsibility. So because your son's mother is not available, you must take care of your child. If you can't, then make other arrangements, in writing and spell it out clearly.
If you think your son's mother will not object, see if she will sign an agreement for you to take care of your son.
If she objects, then you certainly should file for custody in court ... because you'll have school, medical and other issues to deal with where you'll need to show that you are the responsible parent.
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