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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My granddaughter has been taken by her aunt while visiting

Customer Question

my granddaughter has been taken by her aunt while visiting me her mother has custody. however she is not in school she is 16 and will not be 17 until march. what can be done for her mother to get her back? she can not afford legal fees.
Submitted: 2 years ago.
Category: Family Law
Expert:  P. Simmons replied 2 years ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

If mom has custody, mom can demand the child be returned...and mom can go and retrieve her child. Tell me, is there a reason mom is not taking steps to recover her child?

Customer: replied 2 years ago.
she tried to get her but since no one open the door the police said there was nothing they could do.
Expert:  mmdesq replied 2 years ago.

Good Morning,

I will try to best answer your question.

If Mom has a Custody Order granting her Sole or Primary Physical Custody and Aunt has no right to visitation she should contact the police to file charges for kidnapping or at a minimum a missing persons report if police can't find her at Aunt's house. You should demand to file charges for kidnapping. The answer that the police can not do anything because the door was not answered does not make sense and is illogical. If that were true then any child kidnaper could just not answer the door? She needs to push the police. As a last resort she could file a motion with the court that issued the custody order for an order stating she is to obtain the child immediately fro aunt or wherever else she maybe found and is entitled to use law enforcement to effectuate this order.

I hope this information is helpful and I wish you the best of luck.