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Regain custody from grandparents

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bolt622

Guest
What is the name of your state? colorado

This is quite a complicated case but I will make it as simple as possible. In 1996, my daughter was 1, I was incarcerated for alleged violation of restraining order. Two days later, while in my wife's custody, my daughter was sent to the ER for bruises all over her body. Social Services got involved and basically the my wifes parents got temporary guardianship. Eventually my wife acknowledged that she was responsible for the injuries after trying to make up many different stories. Since I was in no shape at the time to care for my daughter, the grandparents were awarded permanent custodians by default on my part and agreement on my wife. I was ordered to pay them child support, as well as my wife. I have been paying since then and she (mother) has not paid any of hers. My support checks go to the grandmother who in turn gives them to her daughter. For four years now, the grandparents have allowed my daughter to live back with her abusive mother without the courts approval. Now I have found out that my ex-wife's mother has a disease in her feet that prevent her from walking, and the grandfather is always up here in Colorado (they all live in Arizona but me). My ex-wife has remarried and has had 2 more children. In the past year, they have moved 5 times between Phoenix and Tuscon, cannot afford a phone, and can't even pay their bills, and live in an area that has one of worst schools in Arizona. I have since went to counseling, am engaged to a wonderful woman who has an 8 & 10 yearold, and live in an excellent area with one of the countries leading school districts. Everytime I talk to my daughter, well when I can track down their phone number that changes everyother week, she always says that she wants to come live with me. I would like to get my daughter back but don't really know where to start. For starters, do I need to go through Arizona courts, where they are, or in Colorado, where I am and where the case originated? Also, if I ask for adjustment to my child support, can the courts adjust back 3 years ago? They info they had given the courts originally was, and has been incorrect, like the child care. Is there a chance of getting her back permanently since neither her mother or grandparents seem fit? Also my ex-wife has told me that she now has custody because of a new law. "Since the child has be residing with her for more than 6 months she now has legal sole custody." Anyone ever heard of such a thing?
 


Grace_Adler

Senior Member
AAAHHHH I HATE jurisdiction cases! LOL! :D

OK, If CO is where the court order is for the grandparents to have custody then I believe that's where juridiction lies and where you'll have to file. Might want to call the courthouse to be sure.

To adjust or modify child support, they can only go back to the date of filing the modification.

I've never heard of that "new law" she's talking about. From what I understand, nothing can change a court order, except another court order. Meaning the grandparents still have custody.

You do have the right to file for custody. I have no idea if you will get it. But you may be able to at least get joint. It doesn't hurt to try.

If you don't have a court order for vistitation, it would be a good idea to file for that too.
 
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bolt622

Guest
Thank you for the advice. I forgot to mention that I do have visitation "at the grandparents discretion". Since my daughter is with my wife though, I do not want to Violate the restraining order, although things seem to be OK betweenn my ex and I. The g-parents say they "don't think it is a good idea to see my daughter, although my ex sees no problem with it.
 
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Grace_Adler

Senior Member
Oh no, at their discretion? You really should go back and get it modified so that you can have set visitation time. That's an easy way to get screwed.

Listen, if you have court ordered visitation, the grandparents HAVE to abide by it or they can be held in contempt. Follow that order and make them stick to it too.

Here's a good site for you:

http://www.deltabravo.net
 

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