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I’m trying to obtain my kids through a court order but the…

Customer Question
I’m trying to obtain...

I’m trying to obtain my kids through a court order but the granddad will not give them back to me. What do I need to do to pursue charges

Lawyer's Assistant: What was the granddad charged with exactly? Are there any upcoming court dates?

He has not been charged but Im wanting to pursue charges for him not returning my children to me. What can I do? He has no rights established to keep them from me from me. Since he is not responding to law enforcement or myself what can I do?

Lawyer's Assistant: In what state did this occur?

Ohio

Submitted: 7 months ago.Category: Criminal Law
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Answered in 1 minute by:
12/22/2017
Criminal Lawyer: Nisha Jones,
 replied 7 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,483
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 7 months ago

I'm sorry to hear about this.

Can you tell me a little more about your situation, where are you in the legal process?

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Customer reply replied 7 months ago
My girlfriend passed away last Tuesday. The funeral was Monday. The grandad did not allow me to have my three sons. I filed a motion with the court granting me my rights on Tuesday. Since then they have not returned my children and have been hiding with them. They are not responding to law enforcement or myself. Law enforcement says I need to file a motion with the court so they can go in without knocking or even put out an amber alert but since they cannot give me legal advice they cannot tell me what I need to file or do. Please help me ! I have not seen my boys since my fiancé funeral
Customer reply replied 7 months ago
I don’t understand what you mean?
Criminal Lawyer: Nisha Jones,
 replied 7 months ago

I'm so sorry for your loss.

Just to clarify, these are your biological children and you have legal custody of them, correct?

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Customer reply replied 7 months ago
that is correct
Customer reply replied 7 months ago
They are biological and I have custody. Yes
Criminal Lawyer: Nisha Jones,
 replied 7 months ago

Have the police gone to the grandparents' home? And do you believe that the grandparents pose a threat to your children's safety?

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Customer reply replied 7 months ago
The police have gone to their home and I am in fear for their well being emotionally, emotionally and maybe even physically. I don’t know what’s going on. I need to get my boys back. They are not used to these people
Customer reply replied 7 months ago
I do not know if they are thinking. I do not know why. I need to take the next step to FORCE them to give me my boys back
Criminal Lawyer: Nisha Jones,
 replied 7 months ago

I'm not sure that the police officers have given you 100% correct information here.

If your parents have not legally obtained custody rights, then they have no legal right to keep your children, and they are bordering on criminal behavior.

Also, there is not a legal document that you need to obtain in order to get your kids back.

You simply need to go to their house, with a police escort, and demand the return of your children. If they don't have any legal documentation showing that you or a court signed them over custody, then the police officers have the authority to mandate that they hand your children over back into your care.

If any police officer has told you different, you may need to speak to higher up and request to meet with their sergeant.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
Hello? Are you still there?
Criminal Lawyer: Nisha Jones,
 replied 7 months ago

Yes, did you receive my prior response? I sent it about 20 minutes ago, I'll resend it to you.

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Criminal Lawyer: Nisha Jones,
 replied 7 months ago

I'm not sure that the police officers have given you 100% correct information here.

If your parents have not legally obtained custody rights, then they have no legal right to keep your children, and they are bordering on criminal behavior.

Also, there is not a legal document that you need to obtain in order to get your kids back.

You simply need to go to their house, with a police escort, and demand the return of your children. If they don't have any legal documentation showing that you or a court signed them over custody, then the police officers have the authority to mandate that they hand your children over back into your care.

If any police officer has told you different, you may need to speak to higher up and request to meet with their sergeant.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
Please. Your being a former state attorney. I know you are good. Please. Please help me!
Criminal Lawyer: Nisha Jones,
 replied 7 months ago

Per our contract with the website, neither myself nor any of the other attorneys on the site are able to retain clients through the site. The site is meant for general educational information only.

All of the information I've shared with you above is accurate, you should go to your parents' house with a police escort, who can mandate the return of your kids. If an officer is telling you differently, then you need to speak with his sergeant.

I hope that helps!

​Please take a moment to leave a positive rating for me so I can be credited for my time and help with your question, 5 stars are always appreciated, thanks!

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Criminal Lawyer: Nisha Jones,
 replied 7 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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