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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26141
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Have been asking questions about this child for 12 years. Mothers

Resolved Question:

Have been asking quest about child for 12 years. Mother's day - father is abusive. Long story but child was threatened in order to tell mother in front of police that she did not want to go with mother. Is there something that I can do legally to get her out of father's custody immediately. No 2 orXXXXXproceeding. She is in danger. He has CPS rpt. child 14

Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

It's very unlikely that you could do something immediately because you're not a parent of the child. However, your daughter could file an emergency motion for a temporary custody order from the judge IF she can prove that the child is in immediate danger - - either physical or mental - - and if that can be shown, then the judge should step in and order that the child be taken out of the current situation until an investigation can be done.

Child Services will come in and do an investigation to determine whether or not the child should be permanently removed, and they will make a recommendation to the court.
Customer: replied 1 year ago.

Mother will do everything necessary however I, grandmother, will have to get all the paperwork and groundwork done. Mother lost legal custody due to 18 months in pison 1 year in rehab and she is now 3 years clean and sober with an excellent job. Next two weeks she will be in school for company she works for and not able to take time off. I, however, can go into facilitators office (she knows me well) and have paperwork done and ovenighted to daughter for her signature. Child is anarexic, has cuts down both arms, has been beaten with a leather belt (father told CPS he was sorry so they let her go home with him - from school) Father screamed at child all the way home that she almost got him arrested. I just need to know how to get her out of his house immediately. She has sent me txt saying she does not care if she goes to foster care till i can get her. just please get her out. but the system keeps failing her.

Customer: replied 1 year ago.

Guess I should tell you that I am joindered to the case and have every other weekend visittion.

Expert:  Roger replied 1 year ago.
This is definitely a tough situation for the child.

The ONLY way to get around a standing custody order is to file an emergency motion for a temporary custody order and show the judge that the child is in danger - - and if these signs are present, that should not be a difficult task. If that can be done, then the judge can and should enter an order granting her temporary custody pending an investigation.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26141
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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