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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90221
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer Question

My grandchildren were given to a friend of my son and daughterinlaw. They were both on drugs when they did this. Its been a year and the woman that has them doesn;t want to give them back to their mother, my son is in prison and he is calling all the shots with this woman, now she took my granddaughters hand out of mine and wouldn;t let her talk to be she took her hand from mine and pushed her back. this woman is psycho, something; is just not right
Submitted: 2 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Did this "friend" obtain any type of legal guardianship from the court or legally adopt your grandchildren?

How old are your grandchildren?
Customer: replied 2 years ago.
yes they signed for her to take them, but they were ubder the influence of drugs when they signed the order. they kept it from me until I found out that morning and the judge would not let me in. this woman is talking to my son from prison and they are doing what they want with the kids.I think my son is telling her to keep the kids from us. He is in prison and the kids don't even want to see him . they want to be back with their mom, I just went to discuss somethng withher and; she went off on me. My granddaughter wan coming to sit on my lap, her hand was in mind and thispsycho jerked her hand out of mind and pushed her back. She isnot wanting to give up the kids and the judge should have never let this go through with the parents still being under the influence of drugs. This is just not right, the kids lived with me for a year before they did this. the boy is 12 and the girl is 10
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

I am sorry to hear about this unfortunate situation.

Unfortunately, if the court had either awarded custody to this woman or gave her a permanent legal guardianship to your grandchildren, the only option that you have is to file a motion with the court to change custody / legal guardianship of your grandchildren.

Unfortunately, if you continue to approach the grandchildren against the "friend's" wishes, since the friend has the legal custody of the children, if she calls the police, you can arrested and charged with felony interference with custody of the minor children and if that happens, your chances of ever obtaining custody of your grandchildren or even every seeing them before they turn 18, would be very slim.

If you know that this "friend" is abusing your grandchildren in any way, you should report it to the state child protective services and the police and these agencies will conduct an investigation.

I would strongly recommend for you to consult and retain an experienced local child custody attorney, if you do decide to pursue the visitation/custody of your grandchildren.


You can find an experienced and licensed local Child Custody attorney by using these well-trusted and reliable attorney information/referral websites:

www.martindale.com
www.justia.com
www.lexmundi.com
www.lawyers.com


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Customer: replied 2 years ago.
He didn't tell me anything I didn't already know so please do not take any money out of my account
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry to see you have opted out the previous expert, but the fact that you were already aware of the above information provided by the expert I am afraid means you also know the information was correct.

I am also afraid that the US Supreme Court is not in your favor on this as well if the parents, especially your son, do not want you to have contact with the children and granted this other person custody. In Troxel v. Granville, 530 U.S. 57, 147 L.Ed. 2d 49, 120 S.Ct. 2054 (2000), the US Supreme Court held that the wishes of the parent are paramount over the rights of the grandparents to custody or visitation. Thus, I am afraid that while you may have known what the previous expert told you, I am afraid it is a bit worse, because the Supreme Court is not in your favor on this at all. Your only chance on this is you would have to prove that this woman is a danger to the children in order to get the court to take the guardianship away from her.


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