How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26410
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
6704987
Type Your Family Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I am a grandmother of an almost one year old little girl.

Customer Question

I am a grandmother of an almost one year old little girl. Her mother is my sons X girlfriend. This X keeps texting me nasty texts, threatening me and now saying I will never she her (Jemma) again. These texts are totally unprovoked by me. I don't ever even talk to her. My son is currently living with me and trying to get on the right track. The mother is 18 years old, has 2 kids by 2 different fathers (one being my son) and is currently shacked up with my nephew! (Yes I no, very bad situation). I am going to file a restraining order against this girl next week. I have done nothing to her but be patient and try to help her when I can and buy things for BOTH those babies even though the little boy (almost two, isn't related to any of us).
I want to know what to file to help my son gain custody of the little girl. The home those babies are in, theres a lot of drugs and drinking going on daily. My nephew drinks daily. He's my nephew, but alcoholism runs in my family, and he doesn't even have custody (or even sees) his own daughter.
My husband is a 13 year career Colorad State Trooper, I work part time at the local hospital and live in a very comfortable nice home. Again, my son (19 year old dad to the 9 month old baby girl) also lives with us at this time. He is trying to save money and get an apt. of his own. He too hasn't seen her in a few months because we live 90 miles away and to try to communicate with the X is impossible. She is ignorant, mean, hateful and unable to communicate with. Therefore impossible to deal with. Also, there is a restraining order already against my son (which isn't bad) that she refuses to abid by and constantly had been bothering him with very hateful texts, voice mails, etc.
I also have been around law enforcement (thats how I meet my husband) and have the ability to research Colorado Revised State Statue. I am in fear for both those children, but can do nothing for the little boy who is not biologically my sons. (Even though for a long time she 'claimed' he was his, we had a paternity test down and it shows that he is not!)
I need some help not only for that little babys safety, but so that my son can gain custody in the end.

Help.....Sue (concerned and worried grandma)
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Your son will have to file a petition to establish paternity and for custody of the child. He will have to show the judge that it is in the child's best interest to live with him as it provides the best home environment, stability, and nurturing environment for the child. Also, the father would have to prove that he has the time and resources to care for the child.

 

The judge is required to do whatever is in the child's best interest. If your son can prove that the mother isn't a fit parent, has an unsafe/unstable home environment, is living with someone with an alcohol addiction, etc., your son should be able to put up a good case that the mother is unfit.

 

Here's a link to the paternity form petition: http://www.coloradodivorcemediation.com/tools/Colorado-Paternity-Forms/Paternity.pdf

 

Here's the custody form: http://www.coloradodivorcemediation.com/tools/Colorado-Parental-Responsibilities-Forms-10/ParentalResponsibilities_Petition.pdf

Customer: replied 2 years ago.
My question was more complex than your simple answer. I already knew that. I want to gain immediate temp. custody of that little girl, its for her safety.
Expert:  Roger replied 2 years ago.

Sorry - I didn't see where you asked about wanting immediate custody.

 

As for you personally as a grandparent, it is practically impossible for you to seek custody.

 

However, your son can file for an emergency custody order, but Colorado courts usually only allow this is you can prove the child is in immediate danger, being abused, neglected or abandoned.

 

Here's a link that outlines this matter: http://www.coloradodivorcemediation.com/tools/Colorado-Parental-Responsibilities-Forms-10/ParentalResponsibilities_Petition.pdf

 

If he wants to do this, he'll need to hire a local family law attorney to file for emergency custody as it will take a lawyer to get this done.

Customer: replied 2 years ago.
I actually didn't state that in first question because I know how hard it would be and that an attorney needs to be involved. I understand in the state of Colorado your 'allowed' to be a bad parent. But whose really looking out for the 'best interest' of those kids? Can my son gain custody while living in my home?
Expert:  Roger replied 2 years ago.

You're right that emergency custody is very hard to get, but it's possible in certain situations.

 

Yes, your son living with you will not impair his ability to seek custody of the child. As long as the home environment is more stable than where the child currently is, that's the main factor.

 

As I said earlier, the judge's main concern is that the child's best interest be looked after. If that means placing the child with the father at your house, that's just fine as long as it's in the child's best interest. Based on what you've told me, the child is in a pretty unstable environment with your nephew, so the judge should view your home as a better environment.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26410
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
no more questions, not satisfied with answer at this time
Expert:  Roger replied 2 years ago.
What aren't you satisfied with? I believe that I've answered the questions asked, but if I've missed something or if you need more information or clarification on some point, please ask.
Customer: replied 2 years ago.
Ok, been with out internet for a few days, didn't even see one of your answers. Moving forward, I need to file a TRO, can you point me in the direction to obtain one of those? And my son, nor I can afford to hire an attorney for any of this right now. Will I beable to help my son fill out the paper work to be filed to try for custody? I feel an immediate order should be filed.....how do I do that?
Expert:  Roger replied 2 years ago.

Please bear with me. I have a telephone conference with a federal judge. I'll respond when I get done with that. Thanks.

Expert:  Roger replied 2 years ago.

Here's a link to all of the forms available in Colorado: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=108. Form 1106 is a motion for a temporary order. I would contact the clerk, however, to make sure that's the correct form.

 

Also, I would recommend that you contact the Colorado Bar Association (www.cobar.org) and ask for help with locating a local pro bono or legal aid attorney to assist your son in getting this done.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney