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Revoking temporary custody

Asked Jul 10, 2008, 06:30 PM — 3 Answers
My daughter was divorced in Georgia, and moved to Missouri. She has custody of her two children. In April, 2008, her third child died at only 4 months old. At first they thought he would be hospitalized for a long time, so she gave temporary custody to the other grandparents here in Georgia.

They agreed that they would come home (Missouri) in August. Now the grandparents that have temporary custody are saying they are not letting them go back.

What are her options? Does the original custody agreement take precedence over the temporary? What does she need to do?

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ScottGem's Avatar
ScottGem Posts: 58,170, Reputation: 28165
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#2

Jul 10, 2008, 06:41 PM


How was this temporary custody setup? Was it done through a court, was there any signed documents? Or did she just ship them to the grandparents while she dealt with the newborn?
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purp63 Posts: 2, Reputation: 1
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#3

Jul 10, 2008, 06:58 PM
No, there was a document involved. I need to get detailed information from her. There was no hearing, no judge. Just some sort of agreement. I was going to call the county where they live to see what they say. She's been told by the state of Missouri that she shouldn't have a problem getting them back. Child services told her that.
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ScottGem's Avatar
ScottGem Posts: 58,170, Reputation: 28165
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#4

Jul 10, 2008, 07:10 PM


She has the divorce decree giving her custody. Without any documentation to the contrary, the grandparents have no rights to keep the kids. The problem is that the police are unlikely to act in a domestic dispute. So, if they show up at the grandparents and they refuse to turn over the kids, she is going to have to go to court to enforce the custody order. This means the grandparents get their day in court and your daughter has to pay for an attorney.

But the odds are stacked heavily against the grandparents.
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