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    jbrockberg's Avatar
    jbrockberg Posts: 1, Reputation: 1
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    #1

    Dec 25, 2015, 12:00 AM
    What state to fill when mother lives in different state
    Grand daughter has lived with us since Dec22 2014. State of Minnesota DSS worker wrote me a letter saying she knows this. My daughter has started using drugs and making a lot of poor choices. She has not paid any child support nor helped out in anyway. I filled for TNAF for now. I am trying to get some legal form saying I have custody of her because now her new boyfriend/ drug dealer are saying they are going to Colorado and taking my granddaughter. My daughter has been caught stealing from family and friends but manipulating people for money. She comes an sees her daughter maybe once every 2 weeks for 1 to 2 hours. This totally screws up her schedule and then has trouble sleeping . My granddaughter is only 20months. I need help find what state to file.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 25, 2015, 12:47 AM
    Well you getting custody will not stop the mother from seeing the child, if she wants and gets court ordered visits, even the worst most dangerous people, can normally get a supervised visit.

    If the child has lived for enough time in your state, with you, to be considered a resident, that is where I would start. By hiring an attorney in your state and attempting to get custody.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Dec 25, 2015, 01:35 AM
    It depends on where the child has lived for the past six months, and you indicate that she has lived with you for the past year. So, assuming that there isn't a prior custody order from another state, you would file in your state.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Dec 25, 2015, 06:48 AM
    And you need to hurry. You have almost no power until you do.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Dec 25, 2015, 12:18 PM
    How did you come by the child? Was she taken away from the mother by MN DSS and given to you? This is very important. If you have no legal custody or guardianship then you have no rights to the child.

    As noted, since the child has resided with you for over 6 months, you would file locally. But you will probably need to show the court, how the child came to be with you in the first place.

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