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My daughter in law just 2 months out of rehab 2 months took…

Customer Question
My daughter in law...

My daughter in law just 2 months out of rehab 2 months took 5 yr old grandson out of school and where has been since birth Took him 125 miles away never told my his father

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Oh and living nwith boyfriend

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet .

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

1 and 1/2 ago I called cps and the investigated and they sais child indangrment

Submitted: 8 months ago.Category: Family Law
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9/25/2017
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,551
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

If a request for a phone call comes in, it is from the site, not from me. I will be happy to have a phone call with you but only if you want it. If you would like to request a phone call, that’s fine too. There is no pressure and we can stay here if you’d like.

You say she didn't tell the father -- the father was involved in the child's life?

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Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

I see from the other question that the father and the child are close.

Is this all in the same state? It looks like it's in Ohio?

The father can bring an action for custody, and if he knows there is an issue with neglect or abuse, he can call CPS. Does the father have paternity established here? If he's the legal father, and there's a paper saying he is, then he can sue for custody to get the child back.

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Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

I see you would like a phone call, but there is a customer service issue. Can you please contact customer service so they can resolve this issue for you?

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Customer reply replied 8 months ago
he is legal and biological father
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Thank you for that. And there was no custody agreement in place? This is Ohio?

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Customer reply replied 8 months ago
almost first yr of childs life he was taken care of by fatherwhile she worked as as a nurse.sh had a drug problem and would stay out sometimes till wee hrs. and lost so many jobs
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Okay thank you.

He has the right to file for custody in the county where the child last lived. The child is in the same state, I presume.

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Customer reply replied 8 months ago
what cost am I lookin at average
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

You mean for filing a custody suit? It depends what state, where they're located, and if you're going to get a private lawyer or a legal aid attorney. So I'd need to know a little more about this before I can give you an answer. The more information we have, the better we can answer the question. I've been practicing law for 37 years and if you were in my office and I were interviewing you, I'd need to know exactly what's going on here, such as what state, where the mother moved (in the same state?), and how old the child is.

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Customer reply replied 8 months ago
same state child is 5
Customer reply replied 8 months ago
he just started kindergarten and had just kinda sorta was adjusted his other grand mother and I had him most of time when dad off shore
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Okay thank you. Dad does off shore oil work, something like that?

So that dad wasn't raising him, the grandparents were.

And if this is in Ohio, I'd need to know, because if you're looking to file custody in your state, I'd need the state so I can know exactly what the laws are in that state for grandparents to file for custody. Each state is different.

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Customer reply replied 8 months ago
not always.he has him for two weeks at atime. but when he is in sometimes more
Louisiana
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Okay, thank you. So everyone is in LA?

Who wants to file for custody -- the father or you? The father has a better chance of getting custody, as you know, but he'd have to have a backup plan for when he's not available.

You can be the backup plan.

Is there a custody order which says the mother can't leave with the child?

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Customer reply replied 8 months ago
my son is the one wants him back. the letter from cps is about 1yr and a half . she went to rehab for a yr she is out for 2 months now. don't know if still applies
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Okay thank you.

Generally he would need to contact CPS again if he know there is new information about the child being unsafe. That would be one thing to do, to start with, but he has to have info that the child is either neglected or abused. If he doesn't have that info, he can't call.

Your son should file for custody in the county where he lives. Two months now, so he should file in the county where your son lives. If the judge wants to move it to another county, the judge can do that, but I'd file in the county where your son lives because that's where your grandson was supposed to be living.

As far as expense, you'd have to decide if you want private or legal aid lawyers.

I don’t always say to get a lawyer, but in this instance I would. We aren't allowed to refer to any particular lawyer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one.

I have a short, easy to understand free guide and it will show you what to look for in an attorney. You can always run your picks by me and I can let you know if I think you're on the right track. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. This part is free of charge -- I do this as a courtesy to my customers here. Just let me know if you want this information.

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Customer reply replied 8 months ago
Lafeyette Louisiana
Customer reply replied 8 months ago
Thank you for your time . I can look that up.
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Okay thank you. I'm happy to help you with anything else you need.

Does this answer your question?

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Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Let me know if you need names of lawyers and I can help you if you let me know where you live.Thanks!

FamilyAttorney

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FamilyAttorney, Lawyer
Category: Family Law
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Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years

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