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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My 4 yr old granddaughter lives with me, her mom, and her aunt

Customer Question

My 4 yr old granddaughter lives with me, her mom, and her aunt every other week. She lives with her dad and his mother the other weeks. For the past several weeks Jessie has been telling us they keep telling her she is not to love us, we are not her parents, we don't love her, and that they were going to take her away and she would never see us again. This has bothered her very deeply and she has been scared to go to there house. Tonight she came home and told me that when she goes back she is going to grandpa's. He lives in Washington state, we live in Texas. I am afraid he is planning to move her there. We have no money for a lawyer. What can we do to stop him. This would crush her and us. he has been mentally and emotionally abusing her. How can we protect her. This story has so much more to it but no room here to add what they have done in the past. Please help me. I don't know what to do.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

I am truly sorry to hear that the child is being used as pawn like this.

What her mother should do, or at least consider doing, is filing for an emergency hearing for n sole custody of the child based on change in circumstance, and on "unfitness" of the other custodial parent. In essence in this petition your daughter must show that:
a) The other party is somehow unfit (that he neglects the child, abuses the child through psychological means, or is otherwise dangerous to be around her)
b) That it would be in the best interest of the child that the child be solely living with his mother, and at best the other parent be given supervised visitation.
c) Explain that the need for supervised visitation is the very real fear that the child be taken away without consent by the other party and not returned, as per the statements the child herself made to the other parties.

To file such a petition, contact your local family courthouse, ask to speak to the court clerk, explain that you will ill be filing "pro se", and request copies of the forms.

Hope that helps and good luck!

Edited by Dimitry Alexander Kaplun on 5/1/2010 at 9:35 AM EST