[D Beyatt]

Hello I have a cousin who has had custody of her 3 grandchildren since they were infants.Their mother has chemical issues and mental health issues.Now Mom decides she wants them back.she has a boyfriend who got out of prison not too long ago.They are in a different State trying to get subsidized housing.They have already put the kids names on the application to try and get this place.They don't work,and will apply for assistance.She is only asking for the two.One child is handicapped and is not wanting himj.. The two children are horrified and scared.They do not want to go live with their mother after all these years.and are afraid to live with her,because of the issues.So no the kids will not go with her if she shows up somewhere... However.There has never been anything legal set up for my cousin to have legal custody.She's just had them forever.If my cousin and the children themselves refuse,can she make the kids come live with her without going through the courts? after 13 yrs I would hope not.. But she is woriied,and the kids are scared to death.They nop they may not be safe.They are in MN the mom and boyfriend are in Az.Would'nt she have to petition the courts after all this time?You can't just waltz in and take after that long can you?

[excon]

Hello D:

Call me crazy, but I think she CAN waltz in after all these years and make valid legal claims... She's the mother. She has legal custody unless it's been changed by the courts... and it hasn't.

Grandma needs a family lawyer so that she can go to court to get custody. Mom probably won't win, but you can never tell.

excon

[s_cianci]

Actually, if a custody order hasn't been issued, she CAN just waltz in and take her kids at anytime. After all, they're her children. Your cousin should make application with the court for custody and do it pronto. That way, she has a blanket of protection should Mom and boyfriend try to waltz in and reclaim the kids. A lot will hinge on how willing Mom is to put up her own custody fight and tangle with the system.

[Fr_Chuck]

Yes I am sorry I wish I had some great words to make it all better but no, She needed 13 years ago to get the mother to sign over custody then,

You did not say who and where the father is, he also would have a right to claim the baby. Is this the fathers mother, or the mothers mother ?

If this is the fathers mother, she needs to have her son file for custody.

If this is the mothers mother, she can hire an attorney file for an emergancy order but it will be a tough legal battle,
She may attempt to "black mail" the mother by telling her that she would have to take all of them, not just two,

But yes as s cianci mentioned at this point, the mother has the legal custody, not grandma and no one, no police could stop her from just picking them up and driving off.

[D Beyatt]

I was afraid of that,and already told her it's a touchy situation.And to file a petition asap.I do know that if the mom shows up the kids will run(is'nt that just sad?)the grandmother is the maternal by the way.I gave her the number to the children's Law center.She is waiting for them to get back to her.and they did put an urgency on it.I can't imagine any judge letting her take them.She is not stable.. and those children don't think too much of her.They don't even like to see her.Their afraid... Thank you very much for the advice.I'll keep after her to follow up with children's Law.. and I told her they need a Guardian adlitem since it is a mother daughter conflict... thanks again