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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2510
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My fiance's mother and her have been going through custody

Customer Question

Hello, my fiance's mother and her have been going through custody battles. Last June her mother dropped the case and gave custody to my fiance. Well 4 days ago she came in calming use of meth. When asked to give a sample she politely abliged, but before doing so the mother left and picked up the child from school. Today she showed up with a police officer and got his clothes and belongings, Also stating that she now has custody. No paper work was given or sighned. But it is told that the judge sighned and approved. My question is how is this done with no prouf of any drougs or drug use. Also I'm a navy veterin with an honerable discharge. I do not do drugs or allow the use of them. What should she do and what can be done?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.

In emergencies, a person can obtain an emergency custody order without notice to the other party. But since you haven't seen anything, you need to find out if there is truly an order. If the police made you give up the child's clothes, there probabbly is. But you need to be certain. You should go to the family court that would serve the area where each party lives and find out from the clerk if there is a new case. If so, you need to get a copy of all the documents so your fiance knows how to respond. Usually, there will be an upcoming court date and you need to file paperwork a certain number of days before the court date. Or if it is detrimental to the child to be with the grandmother, your fiance could file her own emergency request to return the child to her.

Customer: replied 1 year ago.
I could have told you that.
Expert:  S. Kincaid replied 1 year ago.

Then why did you ask? What else did you want to know?

Customer: replied 1 year ago.
Is that not child abduction. And the courts sighned off on it?
Customer: replied 1 year ago.
She has struck the kid before that is y the custody was changed in June
Expert:  S. Kincaid replied 1 year ago.

It's not child abduction if she got a court order. If she wrote a statement indicating that the child was in danger, it is normal for the court to enter an emergency order. But given the abuse, your fiance has a basis to file her own emergency motion denying the allegations and challenging the child's safety in the grandmother's custody. It's not required (unless the court order says so) but it's often a good idea to take a drug test voluntarily to prove sobriety. A hair follicle test is more powerful evidence because it shows historical drug use, but it is more expensive and can take more time.

Customer: replied 1 year ago.
Their we go thank you.
Expert:  S. Kincaid replied 1 year ago.

Lol, you're welcome. And glad to help. Any other questions? If you have no further questions, I'd appreciate if you would accept my response so I may get credit for my work.