custodial parent threatened with custody fight

[onlyparent]

Colorado- I am the custodial parent of an adolescent son. He went on his usual summer visits of all family members but once my parents had him for a week my mother has decided that I am an unfit parent. She has contacted his father by check only and wealthy paternal grandparents to assume guardianship/custody and is refusing to return him to me. I have not spoken with the paternal side of the family as I do not feel I need to defend myself against her words. I am planning on going to get my son and let them fight me in court if needed. I want to have my bases covered before I leave and make the 16 hour drive to Arizona where my parents live. I do not believe they can refuse to return him to me unless they have filed for something that I am not aware of. I do not know if there is going to be a battle but I want it on my home turf not in another state. Paternal side of the family lives in Utah and dad has converted to a new religion that is very popular in Utah, so I dont want the case there as I do not have an affiliation with that religious party. My son is to go from my parents to Utah next Friday.

 

[Ginger]

My mom too turned on me. I can relate. I would if I were you, do not tell any one you are going to pick him up. Just go and show up, bring your court papers with you, pick him up. Question, have you talked with your son? How does he feel about this or does he know what's going on? How old is he? I would just go get him and deal with everything back home. I would get a restraining order against your parents when you get back. I hope this helps and let me know what happens. Oh yeah, if you can bring a witness to all that may happen. email [email protected].

 

[Grandma B]

You do realize that you don't legally have to allow your son to have visitation with anyone other than his father--this includes both sets of grandparents. His father could willingly share "his" time with them, but you are not required to share him with them.

All states don't recognize orders from other states so you could run into difficulty when you go to pick him up. I'd suggest making a phone call to a law enforcement agency in the town where they live to see what assistance you can get. It might be easier to get him from grandparents than from the father, so by all means get him before they move him to Utah.

Have you spoken to a family law attorney in Colorado about this? They should have to try any case in the state where the custody was established and the child resides, and it takes a substantial change in circumstances to effect a custody change. I'm hoping there's no basis to their allegations. Good luck to you.

[Edited by Grandma B on 07-06-2001 at 10:24 PM]