primary care taker moving without child

[mouse99]

IAAL please help everyone looks but no one can help can you please

my husband and his ex have joint custody with her as the primary care taker. she has resently moved out of state and left their daughter in the care of the ex's mother. we want her to be living with us if not with her mom and we will not agree to her mother taking her to a different state. how do we go about getting the child in our care. can we go pick her up and bring her home with us since the grandmother has no legal custody of the child and we do.
the other part of my question is the mother visits the grandmothers house on the weekends only can that still be considered to be the primary care taker, since she has not completely given the child up.
we live in il and the mother has relocated to tenn.

 

[mouse99]

can anyone help me on this one? please

 

[I AM ALWAYS LIABLE]

Re: IAAL please help everyone looks but no one can help can you please

my husband and his ex have joint custody with her as the primary care taker. she has resently moved out of state and left their daughter in the care of the ex's mother. we want her to be living with us if not with her mom and we will not agree to her mother taking her to a different state. how do we go about getting the child in our care. can we go pick her up and bring her home with us since the grandmother has no legal custody of the child and we do.
the other part of my question is the mother visits the grandmothers house on the weekends only can that still be considered to be the primary care taker, since she has not completely given the child up.
we live in il and the mother has relocated to tenn.

My response:

Assuming that the court has not found your husband to be unfit to care for his child, and since the grandmother is not named in the court's current orders, your husband has "good cause" to file a motion to be the custodial parent. It is always in the best interests of a child to be with its parent - - not necessarily another family member of a parent's choosing.

How long has she been living in Tennessee? Does it appear that her move-away will be on a permanent basis, or is it temporary; e.g., 2 or 3 months?

IAAL

 

[mouse99]

she has remarried a man in the military who is stationed in tenn and has taken up residency there, dont think she is coming back here to live any time soon. she does not have a job there because she has resently had a new child and stays at home with him. my other consern is what if she says she still lives with the grandmother. can i get ahold of the military and have documentation that she lives there.

 

[I AM ALWAYS LIABLE]

My response:

Okay, what proof do you have - - right now - - that she resides in Tennessee? Is it merely word-of-mouth? The military, most likely, will not release private information. Therefore, you're going to need to do your own sleuthing to prove to a court that she has moved, and left her child behind.

Good luck to you.

IAAL

 

[mouse99]

sorry i forgot to add no my husband has not been ? considered to be unfit and she moved to tenn i think some time in nov. maybe sooner. thanks

 

[mouse99]

the ex has went to the childs school and notified them that she was moving and leaving our child with the childs grandmother. that the child would no longer be taken to the mothers old address(because she moved) the the child should be taken to the grandmothers. is that proof enough

 

[mouse99]

if the school thing is not enough proof what else can i do to prove she has moved?

 

[StarsMoon]

WOW... just about the same....

Could these be the same ppl. LOL...
Mouse99.. we have close stituations. My hubby's ex is doing the same. She lives somewhat with her mother when nobody else takes her in. She was living with her boyfriend until there was 2 separate incidences of family violence. They went to court and the judge ordered her out of the house and issued a TPO for her boyfriend. We know that she still receives her CS check at the boyfriends house. The child on the other hand, resides with her mother. That is what the school recordes indicate. The ex still lives in the state. And maybe sees the child once a week. My hubby, though, is to get phone visits 3 times a week, and hubby hasnt talked to the child since Feb. Actually, it has been 1 time this year.(talked to child). The ex's mother called us the other night talking all kinds of crap. The more I think about it. If they don't mention that there is a court order for the 2 parents to share joint custody, no one will know and the ex would be able to give custody or guardianship to her mother. That I don't know if it is legal or not? I'm sure once hubby can get her served and the judge hears what she has done (on top of everything else) he's not gonna like it.
Thanks for response...

P.S. Hubby is current on CS. And insurance. There had never been a problem with that, even before there was a court order.
We know she is in contempt. but that is the least of our problems at the moment, anyways... Like ya'll, I wish we could go get this child. The ex has a 2nd child that she lefted with the father's family. She don't care cause they take care of him. She doesn't want that child, the father won't pay her CS. Thank God for that other family. As for my hubby's son, hubby has always paid CS and the child being the grandma's first grandchild, she claims that is "her baby". Even her and her daughter get into arguments over the child. Then ex takes the child and a couple days later she brings him back. Too much for her to handle, I guess. And, we feel the same, if one parent isn't raising the child then the other parent should.
Thanks again....

 

[mouse99]

thanks starsmoon let me know how your case turns out maybe it will help me. and gosh they do seem to be a lot a like.