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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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What steps do I need to follow to have my grandchildren removed

Resolved Question:

What steps do I need to follow to have my grandchildren removed from their mother's (my daughter) care? Their father is willing to take them. They were never married, but he is listed on their birth certificates. My daughter has allowed a dangerous man to move in with them. What can I do?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

Have you as yet filed for guardianship? Does the father have legal rights based on a court order of some kind?
Customer: replied 5 years ago.

To my knowlege the father has not filed for any type of legal rights. I just spoke with him on the phone and the only type of court proceding to date has been the mother (my daughter) filing for child support from him and some other type of government assistance programs (like daycare).

 

Is that our next step - filing for legal custody or guardianship for the father? He is currently living with his mother and she is willing for them to all reside in her home. The children would be safe. Who do we contact; what do we do?

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

In the situation that you mention you have two options. In the first you can ask the father to pick up the children because if there is no court order in place, both parents should have co-equal rights (meaning the father can get the children). The other solution would be fore you to consider filing for "guardianship" and attempt to obtain rights by claiming that the mother AND the father are both "unfit" and that it would be in the children's best interest to be with you. If you do not mind that the father get the children, have him go to court and file for emergency sole custody and then once he obtains sole rights, formally have him file in court for permanent rights. Without emergency custody the mother would not have to grant him the right and the ability to take the children.

Good luck.
Customer: replied 5 years ago.

your lst sentence is unclear --

'Without emergency custuody the mother would not have to grant him the right and the ability to take the children." Please clarify.

Customer: replied 5 years ago.

How does one file for emergency custody? Where does he need to go? Who does he need to talk to? Should we hire an attorney? Who?

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

My apologies on the delay. By the last sentence I meant that if currently both parents have co-equal rights to the children (meaning their rights, at least on paper, are exactly the same), either parent can choose to withhold access to the other since the rights are not stronger on one side or the other. Consequently for either parent to take the children from the other would require an emergency sole custodial order which, if granted, will not transfer and shift that co-equal rights in the favor of one of the parents.

To file for emergency custody the other parent would have to contact the local courts, speak with clerk, and obtain the petition forms so as to file and obtain a hearing in front of the judge. You can also consider hiring a family law attorney in the area who can petition the courts on your behalf. To find competent counsel consider browsing the listings at www.avvo.com and www.martindale.com.

Good luck.
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