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My daughter and her husband have been separated for four years but never divorced. They have a five year old son. My son-in-law took off with him four years ago and for about four days we had no idea where he was. He refuses to let my daughter have any lengthly custody. I live in Arizona and they live in Ohio. Is there any way I could the court to grant me temporary custody so he could come visit me here? My son-in-law lets my daughter see her son only when it feesible for him. When I go out there he'll let me see him for a couple of days and usually calls constantly to talk to him. He's very controlling. I was going to bring my grandson back with me the last time I was there. My grandson was so excited, then he asked his dad and refused to let him. Is there anything I can do to make him let us have time with him? Thanks for any help you could give me.
Optional Information: State/Country of Question: Ohio Already Tried: My daughter has asked for a divorce but he refuses. Any time we try to keep my grandson, his dad says he would commit suicide. And we wouldn't want that. My son-in-law works every day, but on week-ends he drinks heavly and I've heard he also uses drugs. Most of the time he does this in from of my grandson.
In this situation, as a grandparent lin in another state your rights are really limited to what the custodial parent allows. The best bet right now is for your daughter to file for divorce in Ohio and ask the court for scheduled visitation with her son. The court can order that your daughter will be permitted to perhaps take him for several week during he summer and, if she specifically requests it, it can be written in the agreement that your grandson can spend a week or two with her and you each year in Arizona. Unless you have a court order regarding custody and visitation there is not much else you can do unless your son-in-law is abusing or neglecting the child, in which case you can call in the department of children's services in Ohio -- but unless you are sure of allegations like that, you do not want to make them frivolously because your grandson could be put through a lot of unnecessary trauma during such an investigation. I wish there was a magic bullet I could give you that would get you more time with your grandson, bt under the circumstances it is your daughter who will have to make those moves -- just make sure that if she does so, she discusses with the court an occasional trip to Arizona to see you -- otherwise, you know that the soninlaw will not agree to it on his own, and you will be in a position of having to go BACK to divorce court with the request, thus costing a large amount of additional legal fees that would be unnecessary if the matter is discussed right up front in the divorce proceedings. GOOD LUCK. PLEASE PRESS THE ACCEPT BUTTON AFTER YOU HAVE READ MY ANSWER SO I WILL RECEIVE CREDIT FOR MY TIME. A JUST ANSWER BONUS & FEEDBACK ARE ALWAYS APPRECIATED. THANK YOU FOR USING JUST ANSWER.
Experience: 13 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law