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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28066
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Here is the question. At the present time my daughter is in

Customer Question

Here is the question. At the present time my daughter is in jail. Her boyfriend committed suicide and she is accused of murdering him in which she did not do. I have obtained a lawyer for this on her behalf. The problem is the boyfriend's mother managed
to get a court order for temporary custody of the grandchild. She was supposed to let this side of the family see the child but she has violated the order. I told social services but they blew me off. I want to know if I can serve custody papers on the boyfriend's
mother so I can get custody. Thanks for any help with this.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Good afternoon. I am sorry to hear about what you are going through. Just to be clear, the court order specifically says that you can see the grandchildren? Does it say when and for how long?
Customer: replied 2 years ago.
for any period of time. I have tried to call, they hang up, I go in person they are there but do not answer door
Expert:  FamilyAnswer replied 2 years ago.
Thank you. If the court order allows visitation on your side of the family and she has not allowed it, then she would need to be taken back to court. For this to happen, a motion to hold her in contempt would need to be filed and she would need to be brought in front of the Judge,to explain why she is not allowing you access or communication to the child, when it was ordered. The Judge can step in and compel this and even impose for specific times and days for visitation, so you can maintain the bond with the child. Now, if you want to take this a step farther and gain custody, then you would need to file a motion to have this done, showing that it is in the best interest of the child to live with you and not the other grandparent.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 2 years ago.
It has been over a month since seeing my grandchild. The boyfriend's family lie so much I want to know if I can have a legal person with me when I see my grandchild because of the tactics they are using to keep the child. I mean like a sheriff and or a police person to accompany me.
Expert:  FamilyAnswer replied 2 years ago.
You can call and ask for them to accompany you, when you exercise you right under the order. However, they may share with you that this is civil and not criminal, so there is nothing they can do and action needs to be taken by the Judge.
Customer: replied 2 years ago.
thanks for your help. I just want to protect myself because you see as soon as her son committed suicide she right away trespassed on the crime scene and her and her husband took everything out of the home. Also I have temporary custody papers signed by my daughter and notoraized but not even social services will honor them. She tried a few years back to do something to her that is when those papers were made and notorized.
Expert:  FamilyAnswer replied 2 years ago.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time, prior to leaving, so I can receive the proper credit, for our time together. Thank you.
Expert:  FamilyAnswer replied 2 years ago.
Are you still with me?
Customer: replied 2 years ago.
I hate to ask but I have a few more questions. How long does it usually take when the motion is filed that I can see my grandchild. Also the matter of custody. I need to know when the matter of custody is settled. It is because the child goes back to school towards the end of August and I was hearing that she already might have enrolled the child in school when she only has temporary custody. The court has not decided anything yet with her but giving her temporary custody.
Expert:  FamilyAnswer replied 2 years ago.
Not a problem at all. I would be happy to answer your questions but kindly ask that you just remember to rate my help when we are done, so I can get the proper credit for my time. Without you doing that, the site will not compensate me, so thank you for understanding, ahead of time. Once the motion is filed, it would then need to beset for hearing. It can be heard as soon as the Judge has room on the docket but should be within a week or two. If there is temporary custody in place, it would control and allow the grandparent to enroll the child in school but but something changes, it is likely that you could enroll the child in a school by you, once the court order is issued and you get custody.
Expert:  FamilyAnswer replied 2 years ago.
Did this help clarify?