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[Margaux]

What is the name of your state? Washington

My grandson came to the state of Washington in Mid December of last year for a visit. After much ado about finding that his mothers boyfriend left him alone and was arrested with drugs...my son kept him here in this state. They gave Jordan the option of staying here or going back to Texas. He chose to stay here. Went to school here until June. Yesterday his mother showed up with the deputies and took him away. She has moved to Missouri. Unknown where. THere is no custody papers in place. What can we do? My son has filed with DSHS for support but they were not open because of the holiday.

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[BL]

They gave Jordan the option of staying here or going back to Texas. He chose to stay here.

They who ?

 

[Ohiogal]

What is the name of your state? Washington

My grandson came to the state of Washington in Mid December of last year for a visit. After much ado about finding that his mothers boyfriend left him alone and was arrested with drugs...my son kept him here in this state. They gave Jordan the option of staying here or going back to Texas. He chose to stay here. Went to school here until June. Yesterday his mother showed up with the deputies and took him away. She has moved to Missouri. Unknown where. THere is no custody papers in place. What can we do? My son has filed with DSHS for support but they were not open because of the holiday.

Help

How old is your grandson? Where was he living with his mother? Were the mother and your son married? If not, was paternity established?
A CHILD does not HAVE THE RIGHT TO DECIDE WHERE HE LIVES! The mother has a right to come get the child if she has legal custody.

 

[Margaux]

He lived in Texas for 1 year with his mother. He has lived here with his father for7 months. He is 10 years old. No one has cusody papers filed. His motheris not married. She is with her boyfriend.

 

[Margaux]

The mother asked Jordan who he wanted to live with He said Dad. She then agreed he could stay with dad.

 

[nextwife]

Dad SHOULD have filed to establish legal custody and jurisdiction in his state as soon as his child was with him for the required residency period, especially if CPS was involved. Did CPS establish whose home the child should stay in?

 

[moburkes]

Would this son happen to be DAD?

https://forum.freeadvice.com/showthread.php?t=327107

 

[ceara19]

Would this son happen to be DAD?

https://forum.freeadvice.com/showthread.php?t=327107

If it is, he should consider himself lucky that he wasn't arrested when the deputies showed up to get the child!

 

[Margaux]

Why would he get arrested? They both decided my grandson could stay in Washington. He put him in school. He was working on the paper work. I guess I thought when you lived in Washington State for months you were a resident. Then you could start the paperwork. Which he has started

 

[ceara19]

Why would he get arrested? They both decided my grandson could stay in Washington. He put him in school. He was working on the paper work. I guess I thought when you lived in Washington State for months you were a resident. Then you could start the paperwork. Which he has started

I was referring to the DUI warrant that moburkes mentioned. Which, although it would be a separate matter from the custody issue, it would have an impact on the court's decision if he has outstanding arrest warrants.

 

[BRN2005]

Arrest

Margaux,
The reference to your son's arrest had nothing to do with the child custody situation. It was in relation to your other post about your son being on the run from the law due to a 2 year old DUI arrest. Is this the same son?

 

[Margaux]

I am sorry i should have expained further on that. He has turned himself in and bonded out. He is dealing with that. I just wanted to know what jail time he would face. The computer just showed the old dui warrant. Not the bond. We have to call on Mon to deal with that. I should also mention he has not drank since.

 

[BL]

If mom came with the cops to get the child , She might have been awarded Emergency Custody by an Order and had the cops accompany her to enforce that order .

Otherwise the cops would not usually interfere as in would be a civil matter , and they would have no authority to demand the exchange .

 

[Ohiogal]

Actually in this situation BL, mother is the only legal custodian of this child. Dad doesn't have custody rights so therefore dad has no legal right to have the child in his custody. This is a huge old mess. Has dad even been declared legally the father? Is he paying child support? Are there ANY orders?

 

[Ohiogal]

Why would he get arrested? They both decided my grandson could stay in Washington. He put him in school. He was working on the paper work. I guess I thought when you lived in Washington State for months you were a resident. Then you could start the paperwork. Which he has started

That could prove a problem as the child is still legally mother's because dad has no custody rights. Mom may be able to argue that custody should take place in her state.