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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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IF chidren have been removed from a mothers care and placed in the temporary custody

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IF chidren have been removed from a mother's care and placed in the temporary custody of the maternal grandparents, can that mother reside in the house with her children and this grandmother?
The mother allowed the father that has been removed for child abuse to wathc the children alone while she went to work. He has now been arrested due to neglect on that day and the children were removed form the mother as well for endangering the welfare of her children and neglect sue to the residence being in squaler.
Our grandaughter of the sister to these children is living in that house with her own mother. The father (our son) had been asked to leave the home last weekend by the mother in law during a marital arguement.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

As long as, the mother was not ordered to stay away from the minor children and it is the maternal grandparent who have been given temporary custody, the mother can in fact legally stay in the the same household with the child and her parents, but it is the maternal grandparent who will be responsible for the child custody, including any decisions or care.

I wish you the best of luck and please let me know if you have any related follow up questions for me.
Alex J. Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Since the mother allowed him to come into the apartment to stay with them even when she had arrested earlier for physical abuse, the children were taken from her and the apartment was locked due to its condition, it would seem that there is something against her as well. How can I find out?


This mother (Not grandmother) was verbally abusive to our son as he came to bring his wife home from work and see his daughter for a little while.

This does not seem like a good place for our granddaughter to be living and our son is not happy with those arrangements. Would like to give him some advice on where to look for help. The maternal grandmother is at work all day leaving the two sisters at home with the children.

Thank you for your follow up.

Do you have any evidence that these minor children are currently being abused or neglected by the grandparents, mother or anyone else?
Customer: replied 4 years ago.

Not by the grandparents-not sure about the mom though. The idea that she let the father be in control after she and the children had been physically abused makes me nervous. CPS had told the grandmother that the house smelled of human waste so they locked it up and the mom had to leave when they took the children from the apartment.


I believe that the grandparents when present will take great care of the children.

I am more worried about the sister being in the home with our granddaughter when the grandparents are not there.

Thank you for your follow up.

Are you a fraternal grandparent to these minor children?

How are you related to the children in question?
Customer: replied 4 years ago.

I am the fraternal grandparent of the other granddaughter that is 9 months old and living in the house.


The three older children are from the older sister and her now arrested husband. Don't know if he is still in custody or out on bail. I am not related to the 3 involved in the abusive home. My son is only related to these children through marriage.

Thank you for your follow up.

Who has legal custody of your 9 months old granddaughter?

Is your son still married to the mother of your granddaughter?
Customer: replied 4 years ago.

They are still married ( 1 yr) and looking for an apartment. They both have legal (normal family) custody of our granddaughter since they are married and have plans to see a marriage counselor this week.


Since our son had moved out last week due to the tensions in that house - he was told to leave by the mother in law because it was her house, his wife had determined by herself that he cannot see her unless she is home. This alone is a troublesome issue.


They had lived with us for ~7 months and now were living with her parents until they had finances to look for an apartment.


In the meantime this abuse situation of the older sister has popped up.

Thank you for your follow up.

Does your son or you have any evidence of any current abuse or neglect related to any of the minor children, including your granddaughter?
Customer: replied 4 years ago.

The mother in question has left her children with the husband who let one of the children roam the street and neighbors picked her up and called the police. The other two were in the apartment hungry and dirty.

This just happened on Tuesday or Wednesday of this week.


When the maternal grandmother of these 3 children petitioned for temporary custody of her grandchildren, CPS and the courts had awarded her this temp custody.


Her daughter showed up at her door with no place to go since she had been locked out of the apartment.


She is living in the grandmothers home sleeping on the couch because there is not more room in that house. She has been verbally hostile to our son when he came at night to kiss his daughter good night once his wife got home from work.


Thank you for your follow up.

Did your son file a Petition to Establish Child Custody / Visitation for his daughter with the local family court?
Customer: replied 4 years ago.

No- Did not know what to do at this point. How does this work and does he need legal representation to do this?

Thank you for your follow up.

Basically, your son would have to file a Petition to Establish Legal Custody / Visitation for his 9 month old daughter, especially if the mother is not letting your son visit with the child or participate in the care of the child.

The legal process to establish child custody / visitation can be legally complex and very difficult and would involve family court judge reviewing all the facts and evidence related to the current situation with your granddaughter and based on the full review the judge will establish child custody / visitation based on what will be in the best interest of your minor granddaughter.

It is always strongly recommended for someone in your son's position to consult with a local child custody attorney and if your son cannot afford a private attorney, then he can apply for free legal service.

I wish you the best of luck and please let me know if you have any related follow up questions.