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Roger, Attorney
Category: Family Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Here is my situation. My daughter finally got out of jail

Customer Question

Here is my situation. My daughter finally got out of jail after two months with all criminal charges being dismissed. Now she wants custody of her daughter who is seven years old. As of right now her daughter my grandchild is with her father's family under temporary custody order. According to the papers my daughter was served while she was in jail that these grandparents are trying to get full custody. I was told that this custody was ordered to be in meditation to see if this issue can be resolved. As I was reading these papers though she is not letting my daughter see her own child and not even us. Every time we ask these grandparents refuse to cooperate. Need to know what to do next.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

In order to address the issue of custody, your daughter will need to file a motion to set aside the temporary custody order and ask the court to grant her custody of the child now that she is out of jail with all charges being dropped.

Expert:  Roger replied 1 year ago.

The court can order a hearing to review the situation and determine what is best for the child and either order the child back to the mother or either to keep the temporary order in place.

Expert:  Roger replied 1 year ago.

Generally, this matter turns on whether it is in the child's best interest to remain with the grandparents or to be reunited with the mother. The court will look at the character of the parties, the home environment, the preference of the child, and anything else that is relevant to the situation.