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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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MY GRANDSON has a daughter 21 months old the girlfriend lived

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MY GRANDSON has a daughter 21 months old the girlfriend lived with her mom and moms boyfriend.. since the baby was born . the babys mom got beat up by the her moms boyfriend they told Brittany to get out but she couldn't take the baby.no papers were ever signed giving the grandma custody.they keep trying to get the baby but she wont give the baby.what can they do ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If there are no orders of custody from the court giving the grandparents custody of the child, the police are incorrect in not enforcing the custody. The problem is that the police are hesitant to get involved in child custody matters because they never know when there is a court order somewhere and they consider them "civil matters."

The first step is your son or the mom need to take a copy of the birth certificate to the police and speak to a supervisor and inform them that the grandparents have the child illegally, which under the law is actually kidnapping as the grandparents have no legal right to the child. If the supervisor will not assist in getting the child back, then you need to have them go to court and file a petition for custody and get the court to order the grandparents to surrender the child. Once they have this order then the police have to abide by the court order if the grandparents refuse to obey the court order.

Under the US Supreme Court ruling in Troxel v. Granville, the only way the court can take custody from the parents is by proof the parents are unfit and if there is no such proof, then the grandparents would have no real way to fight to keep the child as the court held the biological parent's right to raise a child is a fundamental right (civil right). Thus, if you cannot get a police supervisor to get the child with proof of the birth certificate, the parents have to go to court to get the child back.




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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92534
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 2 other Family Law Specialists are ready to help you

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