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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3461
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My grandson is living with is father who has physical

Customer Question

my grandson is living with is father who has physical custody. His father has been reported to DCFS twice now and I'm very concerned for his safety. He was reported by a third party. He is coming to my home for a Professional Monitored visit with his mother (she is also very concerned for his safety) I would like to know if I could legally keep him and go into court tomorrow for temporarary guardianship to protect him.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I asked for Family Law
JA: Have you talked to a lawyer yet?
Customer: I am asking you because I haven't I thought I was talking to one
JA: Anything else you think the lawyer should know?
Customer: We Know that the court order say no corporal punishment and he is hitting him. We have a voice mail that he accident sent to monitor by accident yelling at him calling him a Moron, I'm going to kick your ass, What the f**k, This kid is 2 years old and I watched over him for most of his life and he would run and hide in the bedroom behind the pillow when his father would come to pick him up. He cry when his visit is over that daddy is mean to him I dond't want to go with daddy I want mommy
Submitted: 12 months ago.
Category: Family Law
Expert:  Michael J, Esq. replied 12 months ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general.

I'm sorry to hear about this situation.I deal with CPS all of the time. Has DCFS substantiated any abuse? If so, have they opened a case or investigated anything? I'll get to your question about temporary guardianship you tell me about CPS.



Customer: replied 12 months ago.
I found out yesterday that they closed it. They only spoke to him. Never talked to us or the Monitor, I am livid, they interviewed him and he thank them for "looking out for their best interest". I must mention that his father is a lawyer, his brother is lawyer, is uncle is a lawyer and he has a Uncle who is a JUdge in the LA Superior Court were all of this is being heard.
Expert:  Michael J, Esq. replied 12 months ago.

Thank you. ***** is not going to act, the only other option is some kind of emergency guardianship.

To prevail on something like that, you have to allege specific instances of abuse that are imminent and ongoing and that the child would be in great danger if he was allowed to stay in the home.

If you have evidence that he is beating him, that would typically be enough. It must be solid proof, like pictures of the injuries on the boy, and not just rumors. This is a very difficult thing to prove.

I hope this helps.


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DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

Expert:  Michael J, Esq. replied 12 months ago.

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