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If the mother's lives in another state and the child is

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If the mother's lives...

If the mother's lives in another state and the child is living in a different state with his grandmother No costudy established between grandma and child can I the father have just go pick him up

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I live in ohio and the child mother is in Georgia The child is in ohio. the mother droped the kid off over a year at his grandmother's house and went nack to georgia. The child is 13 and is wanting to live with us

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

When the child was 2 there was a costudy battle between myself and.the mother when I got shared parenting the mother took herself and the child and ran away for 10 years and Know the child is back.in ohio and contacted us

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

I'm trying to find out if I can just go get.him from his grandma since the mother is in Georgia . I still have.my shared parenting papers from 2008

Submitted: 5 months ago.Category: Family Law
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3/12/2018
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,323
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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Customer reply replied 5 months ago
I'm i the father aloud to pick my child if the mother lives in another state than the child does
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for your patience. The answer to your question is yes, you can pick up the child even if they are living in another state. What is critical to know is that both you and the mother have equal rights to the child so as much right as you have to get the child from grandma, the mom has the right to get the child from you. It's important that you establish a custody order so everyone knows what their rights are.

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Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

Custody, visitation, and child support are always difficult issues to sort out, but thankfully the courts are there to help settle the score on the issue. If you are looking to modify custody, visitation, or child support, you’ll have to go through the court system. It typically starts with filing a petition, which is just a request through the courts to get a change in one of those things. Once you fill out the petition, you should make three copies: one to you, one for the court, and one to the other party. It is critical to understand that the courts are bound to look at what is in the best interests of the child above all else. This means they will look into who and how the child’s health, education, welfare, and safety are best going to be served. Sometimes, this can be inconvenient for one parent, but because the kids cannot protect themselves, the court takes it upon itself to protect them. The bright side is that if you understand this in advance, then you will have an edge when you are dealing with the other side because you’ll be seeing this process through the court’s eyes.

Regardless, once you have filed the documents, someone who is over 18 and not a party to the case will serve the document on the other party. They will have a chance to respond to the petition and they will serve you as well. The court will likely set a date where they will either order mediation or they will make a decision at that time. If you can’t agree at mediation or if the court decides it needs more info, then it is likely you would go to a trial where you can put on witnesses, provide your own testimony, and let the judge make a ruling after that. Those are less likely scenarios, but they come up on occasion.

The order is enforceable from the moment it is entered and if a party fails to abide by the order, then they are going to be held in contempt of court.

How else can I help you today?

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Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

Hi, just following up to see if you had a chance to review my answer to your question. Did you have any other questions about this for me today?

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Customer reply replied 5 months ago
See I the father has a open case for costudy I have shared parenting I got reward with that back in 2008 when the child was 2 years old. But when the mother's found out she took herself and.the child.and ran away for 10 years on a middle of a costudy battle after 10 year the child found us and if wanting to come and live with us know. The mother is still in Georgia she can to ohio droped the child.off at her mother's over 1 year agao and possible signed all her rights over. Can the father go get the child. The child said that he is wanting to be with us
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

I see what you mean. It seems like you're familiar with the custody process. If this is the case, then you can go get the child and it is something I would probably recommend anyway. The mother might call the authorities, but if the father has any evidence that the child was abducted previously and was taken in violation of a court order, then it is likely they will back off and leave it between the parties to figure out what to do with the child.

Did you have any other questions for me today?

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Customer reply replied 5 months ago
your saying it's would be ok to go get him even if the grandmother might have rights and the mother is in Georgia. I have my shared parenting papers stateing I have rights.to my child but only on serent days but that's when he was a baby he is know going on 14
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

The grandmother won't have rights unless the court gave her guardianship over the child. It's against the law for the mother to withhold rights from the father and if the child wants to come with the father, the father should go get them. I still strongly recommend getting a modification of the old custody order, but if the child wants to go with the father at this point, I don't see the trouble with that. Please bear in mind that it is a little bit of a gray area because the court order doesn't specifically allow the father to do this;thus, the reason why I am suggesting going back to court, but under the circumstances, the father isn't going to be disallowed from doing so, either.

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Customer reply replied 5 months ago
See that's the problem we don't know if the grandmother has anything or not. We are just afraid we try to go pick him that they will.try to get us for kidnapping
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

You can check the court records in the county where the grandmother lives to see if any guardianship papers have been filed. If she did file for guardianship, the court requires that the father would have to have been contacted and have a chance to either agree or fight this request for guardianship. If the father has not received anything and if the family court in the county where the grandmother is living has no record, then she has no rights. She's just acting as a placeholder for the child.

You won't be able to stop anyone from alleging that you're kidnapping the child so that is always going to be a risk if you don't get a court order to get the child first. If you go to court first, then you can get the authority to get the child with little problems; however, if you don't go to court first, then the risk goes up. Just know grandma doesn't have any rights.

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Customer reply replied 5 months ago
I have not be contacted from anyone saying anything about the grandmother and getting rights. The grandmother is puting him through school and have Medicare insurance on him somehow
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

I see. So, if this is the case then grandma probably doesn't have any rights. My recommendation is to go back to court first to get a modification, but if you don't want to, you can get the child, just be careful in case they try to call the police. Keep the court order on you so you can show a sheriff's officer.

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Customer reply replied 5 months ago
Even if it's not the days the papers say can we still go pick him up. There a big risk that the grandmother and mom will run with again where he can not be found
Customer reply replied 5 months ago
they will call the police guarantee you that. What do we do when it come to that than
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

You can pick him and if they call the police, you should explain that the child was abducted, you have a court order, and you're going to file a new custody order. Remember, the police have the authority in this situation so they may force you to keep the child there and go to court first; however, if you tell them what I suggest, they may let you take the child.

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