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My 16 year old grandsons mother kicked him put of her house.

Customer Question
My 16 year old...

My 16 year old grandsons mother kicked him put of her house. He has been living with us for a week. He wants to go to school here and live with us. She wants him to go home. He is depressed and behind in school. Can we do anything to have him be able to live with us and finish school here?

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

Wisconsin

Lawyer's Assistant: Has anything been filed or reported?

Not yet. The police were called to his house and she agreed he could come live with us. Now she wants him back.

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

Our grandson wants to live with us. His parents have been divorced for 6 years. He is our sons child.

Submitted: 4 months ago.Category: Family Law
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Answered in 2 minutes by:
3/6/2018
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 866
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

I am sorry that this situation has presented itself and that it is impacting your grandson's life. Give me a few minutes and I will address your situation with some thoughts on how best to proceed.

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Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

In Wisconsin, there exists a legal basis for grandparents to seek time and even custody of their grandchildren. This is the procedure that would have to be pursued for your case.

As with any matter involving custody, the dispute can be resolved one of two ways. First, the Mother could agree for your grandson to come live with you and attend school. If she does not do this, there sole remaining avenue is to submit the matter for determination by the family courts of the state.

It is possible for grandparents to obtain custody of their grandchild, but it is not an automatic result that is available just by asking. Largely across the United States as a result of United States Supreme Court cases, a fit biological parent always wins when it comes to child custody, even if the child prefers otherwise.

This leaves you with, if the Mother will not agree, in the position of filing a lawsuit in the family court to address this issue. If this is something that you determine to do, I would encourage you to retain an attorney as the process in Family Court can be frustrating, confusing and unforgiving if procedural mistakes are made. There will be a cost associated with it in regards ***** *****' fees, but in this area of family law it is practically a necessity to have an attorney who is familiar with these types of cases to be able to properly present at case to the Court.

If, the Mother is unfit it would not be in your grandson's best interest to be there. It is frequently possible to get into Court fairly quickly and have a temporary order put in place that could allow your grandson to live with you as the case was being decided.

I would encourage you to contact an attorney locally where you live and seek their specific counsel on this issue.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

I just wanted to follow up and see if there were anymore questions related to this with which I could help?

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