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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23925
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I filed of my grandchild against my daughter's boyfriend

Customer Question

I filed for custody of my grandchild against my daughter's boyfriend parents because the courts granted them temporary custody. The case was never put on the court's docket cause their lawyer filed for a dismissal without even the case being heard. It
was said because of them having temporary custody that this matter was dismissed. I need to know what to do next. Also their lawyer said any further matter concerning custody is to be directed towards their law firm. I need what steps I need to do next.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good evening. Do you know why they were given temporary custody? Why do the parents not have it?

Customer: replied 1 year ago.
The boyfriend committed suicide, they blamed my daughter for his death, had her charged with first degree murder and she just recently got out of jail. The murder charges were dropped but she has pending drug charges and misdeamor child abuse charges in which she will be going to court the end of this month. She is cleaning her act up since getting out however the boyfriend's mother told the court a pack of lies and they would not let anybody else speak in the courtroom. The Department of Social Services mainly gave the order to keep the child with them cause they live in the same county. I was advised to file for custody but never got a hearing. She also has a public defender but the woman keeps canceling her appointments and does nothing. Just let me know if you need any more info. I myself drug free and have a stable job in which being with it for over eighteen years and have the means to raise the child.
Customer: replied 1 year ago.
I forgot to mention they will not let anybody see and speak to the child. Also having me followed too.
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. A Judge can modify the custody at this time, based upon the best interest of the child. You would need to show that the child is better off with you, rather then the other grandparents. You would need to present evidence to show you are a better fit then them. Now, if they will not let you see or speak with the child, you can ask for visitation and still allow them to have custody. Since they are represented by counsel, you would need to send any motion to the attorney, after it is filed, so they are on notice and can respond.

Customer: replied 1 year ago.
how would I file the custody order? Against the boyfriend's parents again and then send a copy to their lawyer. Of course I know for a fact that their lawyer will reject it.
Expert:  FamilyAnswer replied 1 year ago.

A motion would need to be filed with the court. The attorney would get sent a copy of the motion. In the body of the motion, you need to state and show facts that would result in the Judge taking custody away from them and/or giving you visitation.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 year ago.
The boyfriend's mother has told so so many lies that their lawyer believes everything she said. I actually talked to one lawyer and she said it would take up to five years to get the child back by then his parents would have permanent custody.
Expert:  FamilyAnswer replied 1 year ago.

Since it is her lawyer, the lawyer is going to believe and rely on what she says.

Customer: replied 1 year ago.
I surely believe that his parents will get sole and permanent custody. I say that because this woman has been wanting the child since she was born and has tried for seven years to do so. She actually told the child that her mother is dead, that we abandoned her, she threatened to call the cops on us, does not want to go tomedidator, says she has one hundred percent supported the child in which she has not. Her lawyer had even refused the day of the hearing to speak with me and the judge did not want to hear what I had to say. What to do next. Let her win. Like I said I do not know what to do next. Also they were not married.
Expert:  FamilyAnswer replied 1 year ago.

You need to have a reason to gain custody. I completely understand what you stated above but it does not appear that there is any harm, danger or problems with where the child is living. If you had evidence to show the child is not properly cared for, then you could have grounds.

Customer: replied 1 year ago.
in other words they will get permanent custody. That is what you are saying. So if I spend anymore money it would be a waste of time and money. I guess I will give up and me and my daughter will never ever see her daughter and my grandchild. Is that true.
Customer: replied 1 year ago.
Also she has done this with another grandchild and has lost the case.
Expert:  FamilyAnswer replied 1 year ago.

What I am saying is that you need to have a basis to get custody. It has been decided that the child will temporarily live with them. For that to be changed, you need more then just a desire to have the kid, at this point. I know it is not fair or what you want to hear but unless you have a legal basis go gain custody, it is likely to be denied.

Customer: replied 1 year ago.
It is not that. My daughter had made a paper signing custody over to me a couple years ago because this woman was trying to do something real real bad. It was signed by her, with witnesses, and notarized. Is that legal or not. I was told the longer the child stays with them that they will gain permanent custody and for all we know they could have moved out of state with her . That the court will decide in their favor and disregard the mother's rights and will not give my daughter any rights to her child at all and never ever give her custody. For all we know she could have permanent custody without even telling nobody. It is awful strange that she does not let anybody see and speak to the child.
Expert:  FamilyAnswer replied 1 year ago.

Since she will not let you see or speak with the child, you can petition for visitation at least.

Customer: replied 1 year ago.
No that is alright. I guess she wins and my daughter loses her child. It is just a waste of time, money, and then that woman and her husband can celebrate. I guess that means my daughter has her rights taken away. That is not fair. I know even if we were to get visitation rights that woman would violate them and we would not be able to take the child anywhere with us. I guess like I said my daughter's rights were violated and there is nothing she can do about it. I guess the child will believe that the mother is
dead and we are gone.
Expert:  FamilyAnswer replied 1 year ago.

I understand and agree with you but just want to be upfront and honest in regard to what must be shown, for you to prevail. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

Customer: replied 1 year ago.
I have one more resource I am going to try tomorrow. Then my daughter goes to court on the 30th of this month and will see what happens then. If it does work in which I have so much evidence against that woman that is why they will not let us speak in court. We have not see the child in two months because this woman has threatened us and has us followed. She even laughs about it and also she is all about the money too. She has and will violate the law to keep this child. She has tried on several occassions before to kidnap the child without success. There is proof on that and also she has mentally abused the child. That is a fact.
Expert:  FamilyAnswer replied 1 year ago.

Then you need to use and present that to your advantage

Customer: replied 1 year ago.
I just found out today that the paper I have that was signed by my daughter for me to have custody is legal and the custody action has to be refiled again. Also this woman's lawyer went around the law to help her and the court hearing was supposed to be heard and not dismissed. A lot of the paperwork was not done right and not signed.
Expert:  FamilyAnswer replied 1 year ago.

Glad to hear back from you. I am happy to still work with you and answer any additional questions which you may have but kindly ask that you rate my help at this time so I can get credit from the site. Thank you for understanding

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