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bdh0704 · Aug 26, 2009, 03:57 PM

There is currently not a parenting plan in place but child support was established through the courts. My child's mother recently went to rehab for drugs and alcohol addiction. As a result of this, my child was taken to the grandmothers house instead of allowing me as the father to take care of her. I was never married to my child's mother so I am unsure of my rights as her father. I currently have visitation every other weekend that the mother and I had set up. I have filed a petition with the courts requesting full custody of my child. I have been advised by a lawyer to pick my child up and keep her, but my concerns are what prohibits the mom from getting my child once mother gets out of rehab? My child was registered for school late, missing a full week of school then was taken out and sent to another school because her mother decided to go to rehab. I want and can provide my daughter more stability but for now need to know what rights I have to her at this time until the judge makes a ruling regarding custody.

N ragland · Aug 26, 2009, 08:07 PM

If you have visitation rights you should be able to keep them until she gets out. The grandparents rights are after yours which you have been named as the father. You can have the authority escort you to the grandparents house and collect your children. You have rights and more than the grandparents if they legally have any.

stevetcg · Aug 27, 2009, 05:14 AM

What you do is exactly what your lawyer said... go get your child and if the grandparents have a problem with it, tell them to get a lawyer.

In addition, make sure your lawyer gets you in to have this situation made 'official' asap... like before she gets out of rehab. Its not unusual and a temporary custody order should be able to be issued in a day or two to prevent mom from just showing up.

bcope32 · Feb 12, 2011, 12:19 AM

I recently went into rehab for 7.5 months. It was KIND OF court ordered, meaning I didn't HAVE to go but it looked better to the courts. I am clean now and loving every minute of life. After talking to my daughters dad, he said that while I was in rehab, he was granted full custody. No court. No paperwork. I didn't even know until I got home. Is this possible and how??
Please help. I'm sooooooooo confused.

Brandi cope [email protected] (for privacy reasons)

AK lawyer · Feb 12, 2011, 07:14 AM

Originally Posted by bcope32

i recently went into rehab for 7.5 months. it was KIND OF court ordered, meaning i didn't HAVE to go but it looked better to the courts. i am clean now and loving every minute of life. after talking to my daughters dad, he said that while i was in rehab, he was granted full custody. no court. no paperwork. i didnt even know until i got home. is this possible and how????
please help. im sooooooooo confused.

...

You should start a new thread instead of tacking your issue onto someone else's old thread. And please loose the contact info. In your post.

No, I don't see how he could have done that either. You do need an attorney, but at the very least you should check the court file and see if and how this was done without notice to you. If improper notice was given, you would move to quash the order.