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LMarie

Member
What is the name of your state? CO

I'll try to make this short.

Grandparents are custodial parents. Child has resided with BioMom for last 7 years. Grandparents now want child to reside with aunt in different state. BioMom wants child to reside with BioDad. She knows and grandparents know dad's is a much better environment then BioMom's home. But grandparents just don't want dad to have primary care. School starts soon. Don't want child to move with aunt then move again to Dad's. BioMom and Dad are filing together to change custody. But the courts sometimes move slow and we would like to get this taken care of before school starts. Do you think that an emergency order so child can be with dad will hold any water? What should we file first? The Motion to change custody or emergency order?

Thanks
 


Gracie3787

Senior Member
LMarie said:
What is the name of your state? CO

I'll try to make this short.

Grandparents are custodial parents. Child has resided with BioMom for last 7 years. Grandparents now want child to reside with aunt in different state. BioMom wants child to reside with BioDad. She knows and grandparents know dad's is a much better environment then BioMom's home. But grandparents just don't want dad to have primary care. School starts soon. Don't want child to move with aunt then move again to Dad's. BioMom and Dad are filing together to change custody. But the courts sometimes move slow and we would like to get this taken care of before school starts. Do you think that an emergency order so child can be with dad will hold any water? What should we file first? The Motion to change custody or emergency order?

Thanks
This isn't legal advice but I can't help commenting on this situation. How very, very sad that the entire family is treating this child like a ping-pong ball. Isn't there anyone in that family that is CAPABLE and WANTS to raise the child? If not, I hope that for the child's sake someone from outside the family will do something to ensure that the child is TRULY loved and cared for.
 

LMarie

Member
Gracie3787 said:
This isn't legal advice but I can't help commenting on this situation. How very, very sad that the entire family is treating this child like a ping-pong ball. Isn't there anyone in that family that is CAPABLE and WANTS to raise the child? If not, I hope that for the child's sake someone from outside the family will do something to ensure that the child is TRULY loved and cared for.

The ENTIRE family is NOT treating her like a ping-pong ball! Only her grandparents. I am very capable and want to raise my child!!! I am a responsible parent raising 3 children (only 1 mine) with my absolutely wonderful wife!! I have been trying for over 5 years to gain custody and all I have ever heard from a judge is "establish a relationship with the child". Very hard to establish a relationship when the child has never even been in the same school for and entire year, has lived in 4 different states in less than year and a half, and has changed phone numbers at least 20 times. I have lived in the sam house for over 5 years and haven't change my number in even longer. Everytime I am able to locate her they move for some "great opportunity". And yes this is only part of everything, and most of this has been brought up in court.

Grandparents have now stated that they want the child to move in with her aunt because living with biomom is not a stable environment. Biomom is finally realizing that she cannot provide the most stable envirnoment - biodad can. So both natural parents want biodad to have custody. Grandparents are the stumbling block. They don't want her and don't want dad to have her. If they don't agree tomorrow then mom & dad are filing a custody motion jointly on tuesday. But once the grandparents find out they are going to blow a fuse. They have already stated theat the child IS moving anywhere but dad's. Any chance of an emergency order working in this situation?

Thanks
 

Ohiogal

Queen Bee
LMarie said:
The ENTIRE family is NOT treating her like a ping-pong ball! Only her grandparents. I am very capable and want to raise my child!!! I am a responsible parent raising 3 children (only 1 mine) with my absolutely wonderful wife!! I have been trying for over 5 years to gain custody and all I have ever heard from a judge is "establish a relationship with the child". Very hard to establish a relationship when the child has never even been in the same school for and entire year, has lived in 4 different states in less than year and a half, and has changed phone numbers at least 20 times. I have lived in the sam house for over 5 years and haven't change my number in even longer. Everytime I am able to locate her they move for some "great opportunity". And yes this is only part of everything, and most of this has been brought up in court.

Grandparents have now stated that they want the child to move in with her aunt because living with biomom is not a stable environment. Biomom is finally realizing that she cannot provide the most stable envirnoment - biodad can. So both natural parents want biodad to have custody. Grandparents are the stumbling block. They don't want her and don't want dad to have her. If they don't agree tomorrow then mom & dad are filing a custody motion jointly on tuesday. But once the grandparents find out they are going to blow a fuse. They have already stated theat the child IS moving anywhere but dad's. Any chance of an emergency order working in this situation?

Thanks
Why are grandma and grandpa custodial parents? HOw did that happen? How did they gain custody over dad? Is this a temporary guardianship or did CPS get involved or what? Why didn't dad move for custody when grandma and grandpa first went for it? There are a lot of missing things here. how much time has dad spent with the child? Did the grandparents adopt the child? If so then neither mom nor dad have any rights to this kid. You need to fill in the blanks.
 
S

shell007

Guest
Ohiogal said:
Why are grandma and grandpa custodial parents? HOw did that happen? How did they gain custody over dad? Is this a temporary guardianship or did CPS get involved or what? Why didn't dad move for custody when grandma and grandpa first went for it? There are a lot of missing things here. how much time has dad spent with the child? Did the grandparents adopt the child? If so then neither mom nor dad have any rights to this kid. You need to fill in the blanks.
I think this OP IS DAD??!?!? :confused: :confused:

I am very capable and want to raise my child!!! I am a responsible parent raising 3 children (only 1 mine) with my absolutely wonderful wife!!
 

LMarie

Member
It is long - but you did ask.
Grandparents did not adopt. Parental rights have never been revoked. My ex and I were both stupid and did some stupid things. Domestic problems. We split up. I take complete responsibility for my actions. I moved to friend's couch she moved in her boyfriend. I dropped off child - 6 people at mom's apartment - all drunk and stoned including mom. I left with child in order to avoid problems (bad move) I got in trouble for refusing to return child. Child injured. Mom took child to ER told them lies about how injury happened. First tried to say it was an accident. CPS called by ER and refused to relase child back to her. Child went with grandparents (I was never contacted). Then she tried to blame me. Court ordered supervised visits. Everything fine with visits - have all reports. I was cleared because I was out of state at time. Investigation ended - no conclusion. Boyfriend moved out. State ws going to release custody back to me. Grandparents stepped up and said let us take custody for short time while you get back on your feet. I was still living on a friends couch. I voluntarily signed custody over. (I knew nothing about guardianship at that time). Grandparents and mom moved to another state. Since grandparents and I were getting along and had no problems with visitaton court ordered visitation is "as grandparents see fit". Child was returned to mom about 3-6 months after final hearing. Then they starting moving all over creation and I have tried to keep contact. A few years of denying visitation and judges telling me that visitation was "their discretion" and contempt couldn't be proven. Mom finally started letting me visit very sporadically. A couple years ago child came to visit for a a weekend then a week then a month in the summer. Had written release from grandparents for the month long visit. Mom and grandparents called every day. The day I got married grandparents showed up at my door insisting of taking child to my wedding. Fortunately they didn't have the court order and couldn't do a thing. That matter went to court because I filed a restraining order because they sat in fornt of my house for 4 hours. Judge blew up at them in court and said "the ONLY reason I am not issuing the permant RO is because you live out of state and it can't be proven that this will happen again. But I would love nothing better that to issue it to you." At that time they stepped up their efforts to keep her from me - put a note in her school file saying I could not ever look at her school records, changed all their phone numbers and tried to cut me off completely. Child moved completely across county and after she had been there 6 months they gave me her phone number and then they moved again. Kept in contact via phone. In the last 1 & 1/2 years they moved 7 times between 4 different states on the east coast. Colorado judge refused jurisdiction because child had been out of state for more then six months. No other state would take it because she hadn't been in their for six months and by the time I knew where she was and could try do do anything they moved again. I did see her last summer for two weeks. They moved back to a neighboring state 5 months ago and I have seen her three times for a weekend, a week and have now had her for almost 2 weeks.
I got a bill from Child Support Enforcement in another state for $21,000?!?!!?! Child support has always been paid. And insurance a always been in effect. Grandparents applied for state assistance and TANF shortly after custody had been signed and told them "We have no idea where father is but here is CS order from Colorado" Colorado was already enforcing order and the states did not communicate properly and grandparents never told them they were getting child support from dad vis CSE in Colorado. Took me over 2 years to get arrears all straightened out and as a result arrears were cleared and in the process CS Enforement in both states said "child is no longer living with grandparents we will not enforce this order." Colorado told grandparents "either you sign papers to stop child support willingly or we will sue you for fraud." They signed within 24 hours. Colorado refuses to collect - this all happened at tax time and my refunds were siezed and they sent me a checks back. According to Mom child support check were never passed on to her - her parents kept it to pay the lawyer fees from the custody hearings.

Mom's husband is an ex-con, who is a domestic abuser, an alcoholic and drug abuser with warrants out for his arrest in at least 2 states.

Mom now says she realizes my home is very stable and her home is not the best place for child. She admits to the child having social problems due to moving over 15 times and changing schools at least 13 times. Mom has signed and notorized a Motion to Modify and Affidavit saying she wants dad to have primary custody. Grandparents want child to move in with mom's aunt so they can still have control. Thay have used my daughter like a pawn for their own purposes. Child has been in dad's care far more then with aunt. Granparents emailed mom saying child will not be returning to her and they haven't decided if they are for sure sending her to her aunts home they are still "researching the issue, but child will not be returning to you" So now it is not a matter of if she is moving but where she is moving. My daughter needs love & help! I can give it to her. I don't want to see her grandparents move her now then if I get custody have to move her again. Any help is much appreciated!

Thanks
P.S. Grandparents will not have an attorney and neither do I.
 

Ohiogal

Queen Bee
LMarie said:
Please read what you quoted from me. I said: "I was raising 3 children with a wonderful wife!"
And all she said was she thought you were teh dad in the story. She did read it.
 

fairisfair

Senior Member
Ohiogal said:
And all she said was she thought you were teh dad in the story. She did read it.
No kidding, and what do you expect OP? some people will be confused, if you insist on calling yourself Marie???:rolleyes:
 

Silverplum

Senior Member
You can ASK for an emergency order, but the odds are poor that you'll get this handled by the start of the school year. The court expects you to handle your business in a timely manner. No one can give you any guarantees. Take your chances, give it a shot.

And you WILL need an attorney. Family law. Look in the yellow pages.
 

nextwife

Senior Member
Originals could potentially be created and filed (using fed ex for doc delivery) within 36 hours, potentially. I once got an original deed created and emailed down to FL at 3 pm, printed out signed and notarized by the FL party in person in Kissimee at 4 pm, and expressed back to WI by 5 pm. The ORIGINAL notarized doc was in my hands by 10 am the next day.
 

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