Q: Can I refuse to give my son,my granddaughter if he shows up at my door?Same question for her mother.
I have had my granddaughter for 2 months. Her mother is mentally unstable and has not seen her in about a year. My son is currently not stable and using drugs. They both live in Michigan, apart from each other, and I live in Virginia. He has no custody of her. Would the police force me to turn her over to them, or would they make them go through the court? Is there such a thing as Emergency Custody and how do I apply?
A: It is likely you would have to turn the child over to the parent who has custody unless you file for and receive temporary emergency custody. Generally, you have to apply in the child's home state, which sounds like it could be Michigan, but there are exceptions in true emergencies. The criteria for deciding whether a case is an emergency varies among local courts. Contact a family law attorney to review your specific facts and assist you in deciding where and when to file.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.