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My grandson has been living with me the last 5 years. Mother…

Customer Question
My grandson has...

My grandson has been living with me the last 5 years . Mother has not been involved in his lift. Now she just text my son and said she wants to take him to WI. And drive there. He has been abused by he husband . Its on record with cps & police took pictures . What are my rights.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in WI family court?

No the mother lives here in AZ.

Lawyer's Assistant: Family law varies by province. What province are they in?

SHE WANT TO TAKE HIM ON a trip now

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

State of Az. My son is involved in his life

Submitted: 5 months ago.Category: Family Law
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Answered in 23 minutes by:
12/23/2017
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 12,191
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for your patience. So, unless you have been given approval by a court to be the child's guardian, you do not have any rights. The mother still has the rights and she can take him to Wisconsin. If you are the guardian, then the mother's rights have been cut off and she cannot take him.

If you aren't the guardian, then there's something you can do. You should go down to the local courthouse as early as Tuesday or Wednesday and file for temporary emergency guardianship over the child. What happens is that the court will set a hearing and will determine whether they are going to grant you temporary guardianship over the child and if they approve, she cannot take him to WI. You can cite the abuse and neglect issues the child has been dealing with as a part of your petition.

You can then also file for permanent guardianship as well if you want to keep the child longer.

In either case, the court will require that you serve the documents on the mother and the father to advise them that their rights to the child are going to be at risk. If you cannot locate them, you have to swear to the court that you did everything you can to locate them.

What other questions did you have for me regarding this?

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