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I am going through a bad divorce and went to trial back in

June. One of the...
I am going through a bad divorce and went to trial back in June. One of the problems I have is my oldest son is in foster care due to my husband disappearing with him back in Oct. of 2012. DHR took custody of him in Jan 2012. My son has behavior problems and I have felt it unsafe for him to be around his other brothers who I has custody at this time. My husband and I made an agreement with DHR to allow my mother in law to have temporary custody of my son so that he will get the help he needs. However recent events have unfolded. My husband told me last night that he got into an arguement with his mother because she said she was going to get full custody of my son and try to get custody of my other two boys. My husband thinks we should hold off on the divorce and wait and try to get my son out of the custody of DHR and my husband is willing to give me custody of him to stop his mother from future damage. However this is a domestic violence case and I'm living in GA and the divorce is being handled in AL. I can't seem to get any answers out of my attorney about what to do before the judge makes his ruling on my divorce and the custody of my child. Can anyone assist me?
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Answered in 5 minutes by:
7/14/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
Experience: Licensed experienced Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

We are not permitted to provide any type of legal service or representation to JustAnswer.com customer's and the scope of this service is limited to the legal professionals providing general answers to customers' specific legal questions.

Can you please let me know if you have a specific legal question for me?
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Customer reply replied 4 years ago


Is there a way to stop my mother in law from getting any type of custody of my son or other sons?

Dear Tracy,

Did your mother file a Petition to Establish Permanent Custody for your son?
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Customer reply replied 4 years ago


I do believe she has without mine or my husbands knowledge. She has her own attorney in the case.

Dear Tracy,

In order for your mother to proceed with Petition for a Sole Permanent Custody, she would have to personally serve you and your husband with a copy of the petition.

Were you personally served with the copy of the petition filed by your mother?
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Customer reply replied 4 years ago
There have been no mention of it nor have we been served but I feel she will try after the judge agrees with the terms of the custody. Once she has posession of him we feel she may assert herself in that position.
Dear Tracy,

Thank you for your follow up.

The only way that generally someone in your situation can prevent a grandparent who has temporary legal custody of the minor child from obtaining a permanent sole child custody, is to file a Petition to Terminate / Modify this grandparent's temporary child custody and ask for the permanent legal custody to be granted to the biological parents.

It is important to consult and to hire an experienced local child custody attorney in the jurisdiction where the minor child is currently residing with his grandmother and this attorney will prepare the petition and will help gather all the supporting evidence for the change of custody and the judge will review all the facts, evidence and testimony from all sides and will make a decision to establish child custody based on what will be in best interest of the minor child.

I wish you the best of luck and please let me know if you have any related follow up questions.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
Experience: Licensed experienced Attorney
Verified
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
16,742 Satisfied Customers
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