Does one cancel out the other?

[RallyRedd]

What is the name of your state (only U.S. law)? OKLAHOMA

My grandsons father has full temporary custody of his toddler son but was recently placed in jail and charged with injury with intent to kill and domestic violence in the presence of a minor (he beat my daughter). After he was carted off to jail I brought my grandson home with me. Last night at 2:30am he was released on bail and came to the house demanding his son. I refused and told him we would discuss it in the morning. I don't know what to do. Do I let him have his son and abide by the temporary court order or do his violent actions in front of his son that landed him in jail take precedence?

Side note: His mother temporarily lost custody due to not appearing in court on time and not having a job or place to live and was told that she could get joint custody once her situation has been remedied (which it has).

 

[Zigner]

There really was no reason for another thread: https://forum.freeadvice.com/child-custody-visitation-37/pending-documents-considered-final-documents-626563.html


(You're lucky that DAD didn't call the police and force you to turn over HIS child.)

 

[LdiJ]

What is the name of your state (only U.S. law)? OKLAHOMA

My grandsons father has full temporary custody of his toddler son but was recently placed in jail and charged with injury with intent to kill and domestic violence in the presence of a minor (he beat my daughter). After he was carted off to jail I brought my grandson home with me. Last night at 2:30am he was released on bail and came to the house demanding his son. I refused and told him we would discuss it in the morning. I don't know what to do. Do I let him have his son and abide by the temporary court order or do his violent actions in front of his son that landed him in jail take precedence?

Side note: His mother temporarily lost custody due to not appearing in court on time and not having a job or place to live and was told that she could get joint custody once her situation has been remedied (which it has).

Your daughter needs to immediately file for temporary custody with no visitation for dad until the outcome of his criminal case is known. If dad gets violent with either of you because you are not giving him back his child, then call the police. I think that I would have called the police had he shown up at my house at 2:30 in the morning demanding the child.

 

[Ohiogal]

Truthfully, OP, legally you were in the wrong unless there was a TPO put in place as a condition of his bond.

 

[Zigner]

I think that I would have called the police had he shown up at my house at 2:30 in the morning demanding the child.

...and you would have ended up turning the child over, and the cops might have even figured something out to charge you with because you kept the child from his parent.

ETA: But I *DO* agree that mom needs to get on the ball.

 

[LdiJ]

...and you would have ended up turning the child over, and the cops might have even figured something out to charge you with because you kept the child from his parent.

ETA: But I *DO* agree that mom needs to get on the ball.

I am not sure that he would have at 2:30 AM. I think that there is a chance that he would have been arrested again. He had to actually wake up the household at 2:30 AM and I doubt that he was very polite about it. I also do not think that they would arrest a grandparent who explained that the only reason why they had the child was because the mother was in the hospital after being beaten by the father who was taken to jail and charged with " injury with intent to kill and domestic violence in the presence of a minor".

I would be more likely to think about things the way that you are had he waited until a reasonable hour the next morning to attempt to retrieve the child. Only somebody really stupid shows up at someone's house at 2:30 in the morning after being charged with that kind of a crime.

It wouldn't even surprise me if a protective order had been issued for both mom and the child based on the charges. Look at what he was charged with...he attempted to beat mom to death in from of the child.

 

[Zigner]

I am not sure that he would have at 2:30 AM. I think that there is a chance that he would have been arrested again. He had to actually wake up the household at 2:30 AM and I doubt that he was very polite about it. I also do not think that they would arrest a grandparent who explained that the only reason why they had the child was because the mother was in the hospital after being beaten by the father who was taken to jail and charged with " injury with intent to kill and domestic violence in the presence of a minor".

I would be more likely to think about things the way that you are had he waited until a reasonable hour the next morning to attempt to retrieve the child. Only somebody really stupid shows up at someone's house at 2:30 in the morning after being charged with that kind of a crime.

It wouldn't even surprise me if a protective order had been issued for both mom and the child based on the charges. Look at what he was charged with...he attempted to beat mom to death in from of the child.

I don't disagree with what your saying, assuming your suppositions (and there are a lot of them) are correct.