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 Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13135
Experience:  Licensed experienced Attorney
26296561
Type Your Family Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

IF chidren have been removed from a mothers care and placed in the temporary custody

Resolved Question:

IF chidren have been removed from a mother's care and placed in the temporary custody of the maternal grandparents, can that mother reside in the house with her children and this grandmother?
The mother allowed the father that has been removed for child abuse to wathc the children alone while she went to work. He has now been arrested due to neglect on that day and the children were removed form the mother as well for endangering the welfare of her children and neglect sue to the residence being in squaler.
Our grandaughter of the sister to these children is living in that house with her own mother. The father (our son) had been asked to leave the home last weekend by the mother in law during a marital arguement.
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

As long as, the mother was not ordered to stay away from the minor children and it is the maternal grandparent who have been given temporary custody, the mother can in fact legally stay in the the same household with the child and her parents, but it is the maternal grandparent who will be responsible for the child custody, including any decisions or care.

I wish you the best of luck and please let me know if you have any related follow up questions for me.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13135
Experience: Licensed experienced Attorney
Alex J. Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Since the mother allowed him to come into the apartment to stay with them even when she had arrested earlier for physical abuse, the children were taken from her and the apartment was locked due to its condition, it would seem that there is something against her as well. How can I find out?


 


This mother (Not grandmother) was verbally abusive to our son as he came to bring his wife home from work and see his daughter for a little while.


This does not seem like a good place for our granddaughter to be living and our son is not happy with those arrangements. Would like to give him some advice on where to look for help. The maternal grandmother is at work all day leaving the two sisters at home with the children.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Do you have any evidence that these minor children are currently being abused or neglected by the grandparents, mother or anyone else?
Customer: replied 1 year ago.

Not by the grandparents-not sure about the mom though. The idea that she let the father be in control after she and the children had been physically abused makes me nervous. CPS had told the grandmother that the house smelled of human waste so they locked it up and the mom had to leave when they took the children from the apartment.


 


I believe that the grandparents when present will take great care of the children.


I am more worried about the sister being in the home with our granddaughter when the grandparents are not there.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Are you a fraternal grandparent to these minor children?

How are you related to the children in question?
Customer: replied 1 year ago.

I am the fraternal grandparent of the other granddaughter that is 9 months old and living in the house.


 


The three older children are from the older sister and her now arrested husband. Don't know if he is still in custody or out on bail. I am not related to the 3 involved in the abusive home. My son is only related to these children through marriage.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Who has legal custody of your 9 months old granddaughter?

Is your son still married to the mother of your granddaughter?
Customer: replied 1 year ago.

They are still married ( 1 yr) and looking for an apartment. They both have legal (normal family) custody of our granddaughter since they are married and have plans to see a marriage counselor this week.


 


Since our son had moved out last week due to the tensions in that house - he was told to leave by the mother in law because it was her house, his wife had determined by herself that he cannot see her unless she is home. This alone is a troublesome issue.


 


They had lived with us for ~7 months and now were living with her parents until they had finances to look for an apartment.


 


In the meantime this abuse situation of the older sister has popped up.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Does your son or you have any evidence of any current abuse or neglect related to any of the minor children, including your granddaughter?
Customer: replied 1 year ago.

The mother in question has left her children with the husband who let one of the children roam the street and neighbors picked her up and called the police. The other two were in the apartment hungry and dirty.


This just happened on Tuesday or Wednesday of this week.


 


When the maternal grandmother of these 3 children petitioned for temporary custody of her grandchildren, CPS and the courts had awarded her this temp custody.


 


Her daughter showed up at her door with no place to go since she had been locked out of the apartment.


 


She is living in the grandmothers home sleeping on the couch because there is not more room in that house. She has been verbally hostile to our son when he came at night to kiss his daughter good night once his wife got home from work.


 

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Did your son file a Petition to Establish Child Custody / Visitation for his daughter with the local family court?
Customer: replied 1 year ago.

No- Did not know what to do at this point. How does this work and does he need legal representation to do this?

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Basically, your son would have to file a Petition to Establish Legal Custody / Visitation for his 9 month old daughter, especially if the mother is not letting your son visit with the child or participate in the care of the child.

The legal process to establish child custody / visitation can be legally complex and very difficult and would involve family court judge reviewing all the facts and evidence related to the current situation with your granddaughter and based on the full review the judge will establish child custody / visitation based on what will be in the best interest of your minor granddaughter.

It is always strongly recommended for someone in your son's position to consult with a local child custody attorney and if your son cannot afford a private attorney, then he can apply for free legal service.

I wish you the best of luck and please let me know if you have any related follow up questions.

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
 
 
 

Related Family Law Questions