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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101369
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Concerned Grand mother: My daughter lost her job & apartment

Customer Question

Concerned Grand mother:
My daughter lost her job & apartment due to the economy two years ago and felt it was in her daughters best interest was to live with her father with a live in girlfriend. In the meantime my daughter did something stupid and was put on probation w/ community services. Some how she did not aide by the rules and subsequently had to serve 8 months in a facility. Her daughter's father filed for custody while she was there. Since there has not been a court hearing to such. My daughter is still custodial parent, right? I am very concerned with my granddaughter's safety and being neglected as I visited her last weekend and found that the father leaves her home alone in the mornings with no adult supervision as he goes to work at 5:30 a.m. She has to prepare her own breakfast, get herself dressed and walk to the school bus stop in the dark alone. I also found that she had not worn any under wear to school. She told me that he gave he gave her a key. This is very disturbing, she just turned 10 years old. What do we do as I as so afraid for my ganddauhter's safety and well being. Please help!
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

My daughter is still custodial parent, right?

Well, probably not for long. If the father is moving for for custody, he is likely moving for permanent custody, meaning to modify it for the foreseeable future. Given her situation, she would be unlikely to be able to successfully defend herself. She can always attempt to modify the custody (as he is going so now) later once she gets out, but then this would be a separate matter.

What do we do as I as so afraid for my ganddauhter's safety and well being.

Someone in your situation can consider becoming a party to the case for custody. In Missouri, the Court may place the child with the grandparent if the Court finds each parent (mother and father) is unfit, unsuitable, or unable to be a custodian, or, the welfare of the child requires placement with the grandparent and it is in the minor child’s best interest.

Let me know if you need an explanation of how to add one's self as a party.

The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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