Single Family Voices - For Single Parents Online
Single Parent Forums
Divorce / Seperation
grandfather and custody|
Go
![]() |
New
![]() |
Find
![]() |
Tools
![]() |
Reply
![]() |
|
|
I am New to SFV |
my daughter is soon going to be leaving husband with one child 5 year old male and bringing him and herself to live with me,the question i have being that the child left with her during the seperation can the husband or the fathers grandparents come to my house and demand the child,isthis a legal matter or grey area or is there any recourse her that i could present them with having the child to stay in this enviroment with the mother.
|
||
|
|
"Moderator Proud father/grandfather" SFV JUNKIE!!! |
scutter, welcome to the forum. She should file for custody right away, even if she isn't filing for divorce/legal separation immediately. While it is doubtful that a police officer would allow them to take her from where she's at with her mother, there's no gaurantee either without court paperwork to follow. If there is at least some custody paperwork filed, they would be more likely to follow that. Once there is a court order on the custody, they will follow that in making any on the spot decisions if need be.
With nothing filed/no custody order it is definitely a grey area otherwise at least with the father, the grandparents would be even a lot less likely to be able to just show up and take the child. |
|||
|
|
"OCD for SFV" Board Beacon Parent |
I'll tell you what the police told me when I went through this several years ago during a trial separation with my husband:
So long as the couple is legally married or so long as there is no custody order in place, the police cannot force her to give the child to him or anyone. Same goes for him, if he has the child, the police cannot force him to give the child to her or anyone. If she is there with the child, the other people cannot show up and demand the child. Well, they can show up, but the police won't do anything to them if there is no order of custody involved. If it's just YOU there with the child, however, and the father shows up, the police could force you to give the child to him if there is no custody order in place, as you are not the parent. I'm assuming since you're asking this type of question that there's an issue of domestic violence or a threat of possible kidnapping if they get the child?? If this is the case, I would recommend what was posted previously - seek immediate temporary custody. If you go to a court and tell them it's urgent, she should be able to get a hearing withing 72 hrs. If there's an issue of domestic violence, some women's groups will help to speed up the process or in providing legal help for your daughter. If you need help with templates for the custody order paperwork so she can do it herself, I'd be glad to email you with links to websites that provide them free of charge. Good luck to both of you, and BLESS YOU for being the kind of wonderful parent who will be there for their adult child in need. I wish I'd had that kind of parent to go to. Angela's Myspace _________________________________________ Life is a parade of fools.... and I'm at the front twirling the baton. |
|||
|
| Previous Topic | Next Topic | powered by eve community |
| Please Wait. Your request is being processed... |
|

