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Do I have right to take my kid from grandma?

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prhea

Junior Member
What is the name of your state? Montana My ex is named as residential custodian in parenting plan, filed in WA. By mutual consent, my son has lived with me in MT for the past two years. She informed me while he was visiting her this summer that he will now be residing with his grandmother this year--my mother--here in Montana. I oppose this arrangement for many reasons and notified my ex in writing of my objection. She did not file a petition for change of residency, but did fly my son out here without notifying me. My mother picked him up from the airport, took him to her house, and has enrolled him in the same school he attended the past two years, but listed herself as his guardian. DO I HAVE A RIGHT TO JUST GO AND TAKE HIM FROM HER HOME?? Or do I need some kind of court order?
 
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BelizeBreeze

Senior Member
Go pick up your son, file in MONTANA for domestication of the Washington order then for FULL LEGAL CUSTODY including support from the mother.
 

prhea

Junior Member
Current custody order

(Still Montana) The current custody order says the child will live with his mother in WA during school year, with me every summer, spring break, and every other Christmas. The grandmother is not mentioned anywhere in the order.
 

BelizeBreeze

Senior Member
prhea said:
(Still Montana) The current custody order says the child will live with his mother in WA during school year, with me every summer, spring break, and every other Christmas. The grandmother is not mentioned anywhere in the order.
Do I have to repeat myself?
 

prhea

Junior Member
(MT) I was actually responding to the first reply I received (thread #2) However, since you seem so certain that it's that easy, let me ask this: Will my ex have grounds to file a "No Contact" order, or attempt any other action against me in the meantime, for not complying with her "decision"?
 

djohnson

Senior Member
Your ex, who has legal custody, has effectively abandoned your child in the care of a grandparent with plans on returning to pick said child up. This isn't a babysitter type action. You have more rights to your child than any grandparent.
 

BelizeBreeze

Senior Member
prhea said:
(MT) I was actually responding to the first reply I received (thread #2) However, since you seem so certain that it's that easy, let me ask this: Will my ex have grounds to file a "No Contact" order, or attempt any other action against me in the meantime, for not complying with her "decision"?
Screw the ex. That's why my advice was constructed exactly the way it was. You file for domestication of the order, emergency LEGAL custody and then for full legal custody and support.

And get YOUR child. PERIOD!
 

jelly

Member
if understand correctly, your ex doesnt want to take care of her kid, but she doesnt want you to, either? if the grandma is nowhere listed in the agreement, and they have not pursued anything formal thorugh the courts, grandma has no legal way to keep him.. You can go pick him up from school with your agreement in hand, in case the school asks for one. And you can- and should- file report with the police against his mother and your mother.. caution.. the longer you wait the worse it looks on you..
 

BelizeBreeze

Senior Member
jelly said:
if understand correctly, your ex doesnt want to take care of her kid, but she doesnt want you to, either? if the grandma is nowhere listed in the agreement, and they have not pursued anything formal thorugh the courts, grandma has no legal way to keep him.. You can go pick him up from school with your agreement in hand, in case the school asks for one. And you can- and should- file report with the police against his mother and your mother.. caution.. the longer you wait the worse it looks on you..
The police have nothing to do with this.
 

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