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  1. #1
    lorissms is offline Junior Member
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    suing for custody of my grandson

    South Carolina
    I am a grandmother. I live in South Carolina. My son who has full custody of my grandson came to visit from Texas. He was planning on returning to Texas to retrieve his property because of his separation(break up with girlfriend who is not the mother of my grandchild) and return for his son in a couple of days. In that time he was also supposed to arrange for he and his son to move to another location. It has been about a month now. In this time we have barely heard from him and when we did, we found out that he was attacked by his girlfriend and hit in the back of the head 10x with a hammer. My son was hospitalized and released. He made contact with us a couple of times but only to ask for money. He would discuss nothing further. We believe he is back with this woman of which my 13yr old grandson is petrified of. We also believe through his own prior admission to his son that he is heavy into cocaine. How do I sue to get custody (temp) to be able to provide my grandson with some stability as well as school enrollment? I need to know the first steps to take to start the custody process without expensive lawyers. Forms, processes, the fact that it is interstate custody and the fact that my son is now nowhere to be found. Thank you in advance for your help.What is the name of your state (only U.S. law)?
  2. #2
    Isis1 is offline Senior Member
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    First question. Where is the mother of the child?
  3. #3
    CONative is offline Member
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    Where is your grandson's mother? She would have to be involved too. Find an attorney to consult with (good ones provide at least a free consultation). They might be able to tell you how to proceed to at least get emergency temporary guardianship.
  4. #4
    LdiJ is online now Senior Member
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    Quote Originally Posted by lorissms View Post
    South Carolina
    I am a grandmother. I live in South Carolina. My son who has full custody of my grandson came to visit from Texas. He was planning on returning to Texas to retrieve his property because of his separation(break up with girlfriend who is not the mother of my grandchild) and return for his son in a couple of days. In that time he was also supposed to arrange for he and his son to move to another location. It has been about a month now. In this time we have barely heard from him and when we did, we found out that he was attacked by his girlfriend and hit in the back of the head 10x with a hammer. My son was hospitalized and released. He made contact with us a couple of times but only to ask for money. He would discuss nothing further. We believe he is back with this woman of which my 13yr old grandson is petrified of. We also believe through his own prior admission to his son that he is heavy into cocaine. How do I sue to get custody (temp) to be able to provide my grandson with some stability as well as school enrollment? I need to know the first steps to take to start the custody process without expensive lawyers. Forms, processes, the fact that it is interstate custody and the fact that my son is now nowhere to be found. Thank you in advance for your help.What is the name of your state (only U.S. law)?
    You honestly need to answer the question of where the child's mother is. If she is also truly no where to be found as well, then you can petition the court for emergency, temporary custody.
  5. #5
    lorissms is offline Junior Member
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    mom not involved.

    The mother dropped my 13yr old grandson off at my door when he was 3 months old. She has since then relinquished all parental rights to my son. Legally..she is non-existent in any custody going forward. My son and grandson have not spoken to or seen her since. My poor grandson has been through enough. I fear for his safety and quality of life if or when my son decides to return. I try continuously to contact him..when he answers, he quickly hangs up. I know he is alive..but not much more. Thank you all who have read and responded so far.
  6. #6
    CONative is offline Member
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    If mom no longer has legal rights, you can probably petition the court for temporary, emergency custody.
  7. #7
    LdiJ is online now Senior Member
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    Quote Originally Posted by CONative View Post
    If mom no longer has legal rights, you can probably petition the court for temporary, emergency custody.
    I agree. You would do so on the basis that the child is currently "in limbo". You cannot seek medical care for him nor enroll him in school, and mom is out of the picture and dad, who has custody, is no where to be found.

    A judge would likely give you temporary, emergency custody on that basis, with the intent to hold a full hearing whenever dad could be located.
  8. #8
    lorissms is offline Junior Member
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    custody of grandchild

    Thank you so much for the information and as easy as it may sound to you..the terminology. I'm guessing that I can do this by walking into my local family court and asking the clerk what initial papers I need to file to start this process? Also..I have read about "home state". Does that apply to this? Will I have to file where my grandson WAS living? Or can I file here in my home state since he is "in limbo"?
  9. #9
    LdiJ is online now Senior Member
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    Quote Originally Posted by lorissms View Post
    Thank you so much for the information and as easy as it may sound to you..the terminology. I'm guessing that I can do this by walking into my local family court and asking the clerk what initial papers I need to file to start this process? Also..I have read about "home state". Does that apply to this? Will I have to file where my grandson WAS living? Or can I file here in my home state since he is "in limbo"?
    That is a tricky one. I would get a consult with a local attorney on that. Many attorneys will give free or low cost initial consults. Since you would be filing on an emergency basis, you may be able to file in SC...but of course if dad returns, he would be able to get the temporary custody reversed, on the basis of jurisdiction, if the child will have been with you for less than six months.
  10. #10
    sometwo is offline Senior Member
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    The mother dropped my 13yr old grandson off at my door when he was 3 months old. She has since then relinquished all parental rights to my son. Legally..she is non-existent in any custody going forward. My son and grandson have not spoken to or seen her since. My poor grandson has been through enough. I fear for his safety and quality of life if or when my son decides to return. I try continuously to contact him..when he answers, he quickly hangs up. I know he is alive..but not much more. Thank you all who have read and responded so far.
    Are you saying rights were relinquished in court ? Meaning the judge terminated mom's rights to child?

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