Ask Me Help Desk - Regaining Custody

Regaining Custody

My Granddaughter has a has a 3 year old son, her and the child's father have been together since she was 18 years old she is now 23. The father went to prison for a 2 year sentence. While he was gone she and the baby went to another stat to live with his mother. My Granddaughter started going out and taking drugs. The fathers mother talked her into signing over temporary custody. Now, the Dad just got out of prison, and my Granddaughter is doing good, she is working and been clean for 4 months. They are no longer together, the father is in one state and the mother and child are in another. The grandmother won't allow the Mom to see the baby, she makes excuses every time she tries to see the baby, that they have plans. My Granddaughter wants to come back home to where her family is and the same state the father is now in, but she doesn't want to leave the baby. Recently the baby's grandmother told the mother that she is moving to another city and taking the baby with her. What can my Granddaughter do to get the baby back and bring him with her home?

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Originally Posted by Jscott681

My Granddaughter has a has a 3 year old son, her and the childs father have been together since she was 18 years old she is now 23. The father went to prison for a 2 year sentence. While he was gone she and the baby went to another stat to live with his mother. My Granddaughter started going out and taking drugs. The fathers mother talked her into signing over temporary custody. Now, the Dad just got out of prison, and my Granddaughter is doing good, she is working and been clean for 4 months. They are no longer together, the father is in one state and the mother and child are in another. The grandmother wont allow the Mom to see the baby, she makes excuses every time she trys to see the baby, that they have plans. My Granddaughter wants to come back home to where her family is and the same state the father is now in, but she doesnt want to leave the baby. Recently the babys grandmother told the mother that she is moving to another city and taking the baby with her. What can my Granddaughter do to get the baby back and bring him with her home?

Four months clean is probably not long enough for the Court. In NY you need to be clean and sober for one year.

EXACTLY what did the mother sign? Was it Court approved? Where was the mother's family when this was going on?

The mother needs to consult with an Attorney BEFORE the Grandmother makes the move.

She lives in Colorado. When the Dad went to prison, she took the baby from Arizona and moved to Denver to be with his Mom. After a while her boyfriends Mom, talked her into signing over Temporary Custody, they just went before an Attorney. Her family is in Arizona, the same state the Dad is now in. But, now the Grandmother wants to move away with the baby, which means the Mom will have no visitation. Can she do that?

Quote:

Originally Posted by Jscott681

She lives in Colorado. When the Dad went to prison, she took the baby from Arizona and moved to Denver to be with his Mom. After a while her boyfriends Mom, talked her into signing over Temporary Custody, they just went before an Attorney. Her family is in Arizona, the same state the Dad is now in. But, now the Grandmother wants to move away with the baby, which means the Mom will have no visitation. Can she do that?

If the Grandmother has legal temporary custody she can do whatever she wants up until the mother rescinds the temporary custody OR a Court orders the child returned.

Your granddaughter needs to speak with an Attorney. She also needs to be aware that she has not been clean and sober for a sufficient length of time. If the Grandmother wants to keep custody she is going to sling mud.

How long has the Grandmother had custody AND how often has your Granddaughter seen the child? How long has she financially supported the child?

These are all things that the Grandmother will use if she wants to keep custody. I'm not saying it's right. I'm just saying that I've seen it.

The grandmother has had him for a little over a year. My Granddaughter has been working since March. Every time she tries to see the baby, the Grandmother makes excuses. Now she wants to take the baby and move away to another city, so my granddaughter will never get to see him. Can she do that?

Again, your daughter need to consult an attorney to see what she signed and what she can do about it.

Quote:

Originally Posted by Jscott681

The grandmother has had him for a little over a year. My Granddaughter has been working since March. Every time she tries to see the baby, the Grandmother makes excuses. Now she wants to take the baby and move away to another city, so my granddaughter will never get to see him. Can she do that?

Posting the same question doesn't change the answer - really, your Granddaughter needs to consult with an Attorney (and soon).

When specifically, how often, has she seen the baby? Is she a stranger to the child? How much has she contributed to the baby's support?

I know this is painful for you but I'm not trying to embarrass you or dig for info - it is important when she goes to Court.

Quote:

Originally Posted by Jscott681

The grandmother ... wants to take the baby and move away to another city, so my granddaughter will never get to see him. Can she do that?

She can. Until a judge tells her that she can't. That is, of course, assuming that the present custody order doesn't give the mother visitation rights.