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Roger, Attorney
Category: Family Law
Satisfied Customers: 31684
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a grandmother of an almost one year old little girl.

Customer Question

I am a grandmother of an almost one year old little girl. Her mother is my sons X girlfriend. This X keeps texting me nasty texts, threatening me and now saying I will never she her (Jemma) again. These texts are totally unprovoked by me. I don't ever even talk to her. My son is currently living with me and trying to get on the right track. The mother is 18 years old, has 2 kids by 2 different fathers (one being my son) and is currently shacked up with my nephew! (Yes I no, very bad situation). I am going to file a restraining order against this girl next week. I have done nothing to her but be patient and try to help her when I can and buy things for BOTH those babies even though the little boy (almost two, isn't related to any of us).
I want to know what to file to help my son gain custody of the little girl. The home those babies are in, theres a lot of drugs and drinking going on daily. My nephew drinks daily. He's my nephew, but alcoholism runs in my family, and he doesn't even have custody (or even sees) his own daughter.
My husband is a 13 year career Colorad State Trooper, I work part time at the local hospital and live in a very comfortable nice home. Again, my son (19 year old dad to the 9 month old baby girl) also lives with us at this time. He is trying to save money and get an apt. of his own. He too hasn't seen her in a few months because we live 90 miles away and to try to communicate with the X is impossible. She is ignorant, mean, hateful and unable to communicate with. Therefore impossible to deal with. Also, there is a restraining order already against my son (which isn't bad) that she refuses to abid by and constantly had been bothering him with very hateful texts, voice mails, etc.
I also have been around law enforcement (thats how I meet my husband) and have the ability to research Colorado Revised State Statue. I am in fear for both those children, but can do nothing for the little boy who is not biologically my sons. (Even though for a long time she 'claimed' he was his, we had a paternity test down and it shows that he is not!)
I need some help not only for that little babys safety, but so that my son can gain custody in the end.

Help.....Sue (concerned and worried grandma)
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


Your son will have to file a petition to establish paternity and for custody of the child. He will have to show the judge that it is in the child's best interest to live with him as it provides the best home environment, stability, and nurturing environment for the child. Also, the father would have to prove that he has the time and resources to care for the child.


The judge is required to do whatever is in the child's best interest. If your son can prove that the mother isn't a fit parent, has an unsafe/unstable home environment, is living with someone with an alcohol addiction, etc., your son should be able to put up a good case that the mother is unfit.


Here's a link to the paternity form petition:


Here's the custody form:

Customer: replied 5 years ago.
My question was more complex than your simple answer. I already knew that. I want to gain immediate temp. custody of that little girl, its for her safety.
Expert:  Roger replied 5 years ago.

Sorry - I didn't see where you asked about wanting immediate custody.


As for you personally as a grandparent, it is practically impossible for you to seek custody.


However, your son can file for an emergency custody order, but Colorado courts usually only allow this is you can prove the child is in immediate danger, being abused, neglected or abandoned.


Here's a link that outlines this matter:


If he wants to do this, he'll need to hire a local family law attorney to file for emergency custody as it will take a lawyer to get this done.

Customer: replied 5 years ago.
I actually didn't state that in first question because I know how hard it would be and that an attorney needs to be involved. I understand in the state of Colorado your 'allowed' to be a bad parent. But whose really looking out for the 'best interest' of those kids? Can my son gain custody while living in my home?
Expert:  Roger replied 5 years ago.

You're right that emergency custody is very hard to get, but it's possible in certain situations.


Yes, your son living with you will not impair his ability to seek custody of the child. As long as the home environment is more stable than where the child currently is, that's the main factor.


As I said earlier, the judge's main concern is that the child's best interest be looked after. If that means placing the child with the father at your house, that's just fine as long as it's in the child's best interest. Based on what you've told me, the child is in a pretty unstable environment with your nephew, so the judge should view your home as a better environment.

Roger and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
no more questions, not satisfied with answer at this time
Expert:  Roger replied 5 years ago.
What aren't you satisfied with? I believe that I've answered the questions asked, but if I've missed something or if you need more information or clarification on some point, please ask.
Customer: replied 5 years ago.
Ok, been with out internet for a few days, didn't even see one of your answers. Moving forward, I need to file a TRO, can you point me in the direction to obtain one of those? And my son, nor I can afford to hire an attorney for any of this right now. Will I beable to help my son fill out the paper work to be filed to try for custody? I feel an immediate order should be do I do that?
Expert:  Roger replied 5 years ago.

Please bear with me. I have a telephone conference with a federal judge. I'll respond when I get done with that. Thanks.

Expert:  Roger replied 5 years ago.

Here's a link to all of the forms available in Colorado: Form 1106 is a motion for a temporary order. I would contact the clerk, however, to make sure that's the correct form.


Also, I would recommend that you contact the Colorado Bar Association ( and ask for help with locating a local pro bono or legal aid attorney to assist your son in getting this done.

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