Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is ***** ***** I'll be glad to assist. First, I'm sorry about your daughter. That is a difficult situation in and of itself.....so I know this is just adding to the stress.
As for your question, the only court that has jurisdiction over the case is the court for the county where the child lives. Thus, if that's where the case currently is, then it could not be moved somewhere else. It could be possible to have the judge recuse himself/herself IF there is proof of a bias or reason that the judge can't be fair and impartial. Barring grounds such as that, there'd be no way to have the case transferred.
The best thing you could do is apply for custody and/or visitation and create a bond with your grandchild.....and if you're not awarded custody, then seek a change in custody after a year or so of re-connecting. The main thing you can do is establish a bond with the grandchild and make her want to move in with you.......as the court usually will do what the grandchild wants when all other things are equal.
Custody is never permanent......it is always subject to modification. Thus, even if the other parents obtain custody now, you can work to change that if you can display a material change in circumstances --- which can include the preference of the child.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting.
You can if you file for visitation and the judge grants it -- which he/she should given that the both parents not in their lives any longer. If you get visitation rights, the other grandparents are required to allow the visitation ordered by the court.
All you can do is try or not try......but the only way you can gain any rights is to file in court for visitation and let the judge decide the issue....However, judges generally want the child to have a relationship with all family members/relatives.
IF they've left the state, you can file a petition in another county/state --- so you may get what you want.
It's best to hire a lawyer and level the playing field. Again, all you can do is try to gain rights through court....and since you're limited to the jurisdiction of the child's place of residence....you'll have to do the best you can with the court you're in.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!