San Jose, CA asked in Family Law for Alaska

Q: What if the custodial parent leaves child in my city with her mom who has no custody. Shouldnt he be with me?

Hes been here for six months originally with me but grandma got him from school and now mom is refusing him to stay with me but is not in state.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Alaska

A: This post is very confusing. Let me make some guesses and see if that is accurate:

You are the father of the child (your son). The mother (custodial parent) has left the boy with his maternal grandmother instead of with you.

A custodial parent may delegate custodial rights to another person, unless the custody order provides otherwise. So what the custodial mother has done is presumably legal. If you think that the child should be with you instead of with his grandmother, you need to apply, to the court which originally ordered custody, for a change of custody.

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