Q: father have custody but child is not staying at his house.
The father went behind my back a couple of years ago to get custody. I was never inform by mail or any type of paper work. I was young and didn’t know I can fight back in court. I was scared of him also. Fast forward till now I was able to reach my daughter and found out she’s staying at the grandmother house and not his. The grandmother is old and sick. Sometimes she is left at home by herself, I know this because I was on the phone with her. She is also outside by herself with no adult supervision. Can I file for immediate custody ? Or I have to file complaint for modification which will take forever. My daughter is 8
A: Yes, you can file a Modification of whatever Judgment granted custody to father. You will need to obtain a copy of the Judgment from the Court involved to do so and are you able to take custody of the child at this point? Have you visitation rights? You should consider seeking visitation first if you have not had regular contact with the child. Of concern is your statement that the child is outside the home alone without supervision. More information is needed as to time of day and duration. If the child is being neglected it is possible that the DCF will be involved and some other relative may seek Guardianship over the child . Why is father leaving the child with the elderly grandmother? Is this after school for a few hours before he returns from work or is it more extended care by the grandmother?
A: You must file a complaint for modification, however at the same time you may file a motion for temporary custody.
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