How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
Type Your Family Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

My Granddaughter was has been left in Oregon by her father

This answer was rated:

My Granddaughter was has been left in Oregon by her father who does not want her, nor does he want her here in california. My granddaughter is with a grandmother in Oregon whom she does not want to be with she wants to be with me in California, what do I do
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


How terrible! I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. How old is your granddaughter?
2. What is the situation with the child's mother?
3. Is there any custody order or other court order in effect regarding your grandchild?
4. How long has she been in Oregon?

Customer: replied 4 years ago.

My granddaughter is 15. to be 16 in July, She lives in Oregon, has 50% custody but is not recogonized in Oregon until registered, Mother has no knowledge of how to do this, but wants me to have her daughter. My son still has 50% custody. If she comes here without legal papers he will come and take her from me. She has been there Since Nov. 2. 2012 to date

Who has 50% custody?
Where was the last custody order filed?
Customer: replied 4 years ago.

both parents have 50% custody in california, but the mother lives in Oregon and does not recogonize california custody papers unless registered in Oregon and the mother does not know how to do anything and is afraid of her mother, the grandmother of my granddaughter.

Thank you so much for your explanation.

The mother may file a petition for modification to the parenting plan granting you full custody. The petition for modification must be filed in California since the custody order was originally entered in California.

Here is the form required to be filed:

Based upon your granddaughter's age, your sons actions and the mother's preference,a court is likely to grant you custody.

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 4 years ago.

what if my son contests it even though he doesn't want her....he doesn't want me to have her.

I assumed from the tone of your prior post that your son would contest it. However since your son has refused his parenting time and the mother's consent combined with the child's preference would typically be sufficient for the court to grant you custody

Of course, because of the nuanced details of the matter, I suggest that you retain a local attorney.
Here is a link to a free site that may assist you in locating competent legal counsel:
Ellen and 2 other Family Law Specialists are ready to help you

Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"