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 Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3455
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
Type Your Family Law Question Here...
Michael J, Esq. is online now
A new question is answered every 9 seconds

Grandmother has physical custody but child lives with me one

Customer Question

Grandmother has physical custody but child lives with me for almost one year how do I take custody from unwilling party
Submitted: 1 year ago.
Category: Family Law
Expert:  Michael J, Esq. replied 1 year ago.

Hello and thank you for using JustAnswer. My name is Michael; I look forward to assisting you today.

Can you tell me a little more about your situation? Why does she have physical custody? Is there a standing court order?



Customer: replied 1 year ago.
due to the fact that both myself and his mother were in county jail back in 2008 i had his mothers rights removed and he was placed in temporary guardianship with his grand mother in 2011 i came to get him and found him with his mother and great grandparents where his mother was charged with elderly abuse. He was allowed to continue to stay with his grandmother but was ordered no contact with his mother. This whole time this has been done in Texas. This past summer while my son was with me for summer visitation his grand mother and mother both moved here to georgia. At the end of the summer visitation my sons grandmother allowed him to continue to stay with me. I am also court ordered to pay child support.
Expert:  Michael J, Esq. replied 1 year ago.

Thank you.

In a case like this, the remedy would be to move the court to terminate the temporary guardianship (I assume that was court ordered) because the facts which necessitated it have ended. You are no longer in jail and now even have physical custody of the child and at the same time are paying child support. You will have have to show the court that this is in the best interests of the child.

A local family law attorney should be able to tell you the probability of winning a motion like this.

Expert:  Michael J, Esq. replied 1 year ago.

I hope this helps!

If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied.

DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.