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My grandson has a mess going on right now. He has 2 kids…

Customer Question
My grandson has a...

My grandson has a mess going on right now. He has 2 kids that he has pretty much been raising bi himself. His wife is a drug addict and hadn't seen the kids in more than a year until recently. He took them to Colorado to visit her. while they were there, she had them for 5 days then took them to her sister's house. Now, she is in Idaho, running from a drug dealer that wants her dead. But she wants the kids. What is his best option?

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

No

Lawyer's Assistant: Have they talked to a lawyer about this yet?

Not yet. He doesn't have much money.

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

Just that he is afraid for the kids safety.

Submitted: 6 months ago.Category: Family Law
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Answered in 2 minutes by:
3/20/2018
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 15,708
Experience: Licensed to practice before state and federal court
Verified

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 6 months ago

Ok, based on what you provided, your grandson needs to get a court order (if he does not have on already) that is going to get him full custody if the mother is unfit to care for the kids.

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.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 6 months ago
Thank you. That helps alot.
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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