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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27682
Experience:  Attorney with experience in family law.
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We are the grandparents and have custody of our

Customer Question

We are the grandparents and have custody of our grandson,for7 year. His Mom moved to Wisconsin 2 years ago. She is now causing the some can of trouble, making up fake Facebook pages and threating our son and well as threating and being abusive to the mother of her boyfriends daughter in Wisconsin. All this was started by our son getting married this pasted weekend. Basically doing the same things she did 7 years ago. She is wanting to take our grandson to Wisconsin this summer and we just do not trust her to get him back home when her visitation is over. Is there any way, legally, to keep her from taking him out of state. Her side of the family gets every other weekend and 3 non consecutive week a year. What are our legal rights, can I tell her that she can not take him out of State. PS we get no money from them to help with care.
Submitted: 5 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You have the ability to file a Motion for Modification of Custody, explaining to the judge how the mother's behavior has changed, and why it's not in the best interests of the child for her to take him right now. She's allowed to take him out of state to VISIT during her normal visitation, but it's kidnapping not to return him. You have the ability to explain to the judge why you think she's going to abscond with the child and ask that she be denied custody, least temporarily. The fact that she kidnapped him once when he was a baby will count in your favor.

Child support is really a separate issue, but if you're not getting support and you have custody, you can ask the judge to order both parents to pay you an amount each month. The mother and father should be paying to help raise their child, even if he's living with you instead of one of them.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 5 months ago.
We are not looking for financial support, but just have concerns for the child's mental state. Last Christmas she started him a Facebook account used it to start try and start something then. when she found out our son was getting married, all of a sudden she was getting married around the some time our son was getting married. (she is not married yet.) Sorry just frustrated. Thank you for your help.
Expert:  Lucy, Esq. replied 5 months ago.

I completely understand your frustration. It's always upsetting when parents can't put aside their differences to put their children first.

You can ask a judge to temporarily take away her visits without asking for any money. I just wanted you to know that the child's entitled to it, even if it just goes into a savings account for him for college.

Good luck with everything.