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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Can a Police Officer take a child from his legal guardian and

Customer Question

Can a Police Officer take a child from his legal guardian and give them to a non legal guardian when the child is in no danger? When the child has loving parents that just don't have as much money as the person that the Officer gave them to. A grand parent...
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as JustAnswer.com's disclaimer?

Sincerely,


Dimitry Alexander Kaplun, Esq.

Customer: replied 3 years ago.
Yes, I understand and agree. Thank You!
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for understanding.

Could you explain the situation a bit more? What was the reason for the transfer of the child? Was there a complaint?
Customer: replied 3 years ago.
I was separated from my wife who agreed to let me have the child. Not a legal separation so she is still a guardian as well. I was living with my parents until I got a place of my own which I did. I let my child remain with his grand parents because he was already in school close by until I could make arangements for his transfer to a school near where I live. I went to get him and they refused to give him back. I did learn that they have petitioned the court for custody but no order has been given by the court as of yet. The Police Officers gave my child to his grandparents. I don't understand this. We are his legal guardians until the court staes otherwise if I am not wrong.
Expert:  Dimitry K., Esq. replied 3 years ago.
Hmm, I see.

Did you formally transfer custodial rights to the grandparents? How long was the child with the grandparents before the child was withheld from you both?
Customer: replied 3 years ago.
No, no custodial rights have been transfered. Our child has been with his grandparents for the past month.
Expert:  Dimitry K., Esq. replied 3 years ago.
That is very strange. What reason, if any, was provided by the police as to the transfer? Are they claiming that the reason the child was not returned was because of an emergency petition?
Customer: replied 3 years ago.
I was told that a petition for custody had been filed, but at this point I have not been served, and the court has released no documents stating that our child be given to the grandparents. Our child was being spoiled and stated he did not want to go home. The officer took it upon himself to award custody of our child to the grandparents.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your patience.

Legally, without a court order, the police officer CANNOT award custody. That means that should you want to go the grandparents tomorrow and take the child (peacefully and without violence), you will not be able to be stopped--but again, only if there is no order in place.

If your parents decided to make a bid for guardianship, you must either retain counsel or seek legal assistance of some kind. Also make sure to NOT miss any court dates or legal petitions that come to you. Having your parents get a default judgment against you simply because you didn't come to the hearing when needed would be the worst way to lose custody.

I suggest you browse the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, or expertise. You can also review by past client testimonials and by past disciplinary history. While you can generally try to handle this yourself, I would suggest counsel.

Good luck.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 4:39 AM EST

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