This is a really long story. So I want to try to get custody back of my oldest son, my parents were granted temporary custody because I was not ready for court, I didn't have the correct paperwork so they gave them custody. I also recently just found out that my parents are filing for temporary custody of my youngest son now, they took him from me and kicked me out of the house and I didn't want to take my son out while I was homeless but now i am not homeless and I want my son. I have not received any court paperwork about my youngest son but I know they are trying to serve me. What can I do? Can I go get my son right now? What can i do?
It's good that you are seeking to get some professional advice in regard to your children. Of course, a website like which connects you anonymously over the internet with legal professionals, while somewhat helpful (I hope), is never going to replace having a personal meeting with a qualified local attorney who is familiar with your local courts, and so forth. Most family law attorneys are willing (these days) to at least talk to you briefly on the phone, without charge (or for a nominal charge) so be sure to keep trying to find someone local.
As for your question, the law is pretty clear in all states that a parent has the right to the care and custody of their children unless a court says otherwise, as compared to any third party. So, apparently a court HAS made a ruling about your older child, but from what you say, there is NO order giving your youngest to your parents (or to anyone else) which means that unless you agree, no third party has a legal right to keep your child from you.
Whether or not they have "filed" a case is not the issue. Filing of a case merely means they are asking for an order, but until they are actually given a court order for the custody of your youngest child, you still should have the legal right to the custody of that child. The fact that you left the child with them for a period of time does NOT change that legal right (although it might make it a little easier for them to eventually get a court order).
I will not give you specific direction on what you 'should' to because that's a decision only you can make, based on all the information in the situation. But from what you have said, there's no legal right for your parents to withhold that child from you, at least until they are granted a valid court order giving them custody.
I hope you are able to contact a qualified local family law attorney, and again urge you to do so before deciding on a course of action.
The answer to your question is that you need to hire a professional who knows how to handle these kinds of cases. You are in way over your head. This area of law is very complicated and there are a lot of factual matters that have to be determined. Among them is the requirement that children's father has a stake in this matter and has to be notified and made a party.
Hire a lawyer. Go to the local bar association and ask about low income help if you have trouble with a lawyer's fees.
