Q: My mother passed away leaving us homeless on top of mourning so i let my son stay w his grandma for couple weeks while i
While i made other arrangements and she showed up at my mothers funeral informing me she had gone to court in front of a judge and got custody of my son is this legal? I was bever served or had k owledge of it
A:
Are you the mother, or are you the father?
If you are the father, were you ever married to the mother? If not, were you ever adjudicated the father? Did the child reside in your home the first two years of his life? Were you named on the birth certificate?
If you were never married to the mother, were never adjudicated the father, and the child did not reside in your home the first two years of his life, and you were not named on the birth certificate, then you may not have legal rights as the father of the child.
If you don't have legal rights as the father, then, the grandmother may take the child without giving notice to you.
However, if you are the mother, or if you do have legal rights as the father, then, the U.S. Supreme Court has ruled that it is unconstitutional for someone to take custody of your child without giving you notice. See Armstrong v. Manzo, 380 U.S. 545.
There is an exception to this, though, and it's called emergency guardianship. If there was an emergency, then, the grandmother could go to court without giving you notice. She would have to present testimony from the police, DHS, or another third party that there would be irreparable harm to the child if the grandmother did not obtain custody immediately. The judge could then grant the grandmother emergency custody, without giving you prior notice.
However, even if the judge did grant the grandmother emergency custody, then the judge would have to hold another hearing within 10 days. The judge would have to notify you of this hearing.
I'm somewhat suspicious of the grandmother's story here. You should ask the grandmother to show you a copy of the court order she has, giving you custody. (I suspect the grandmother doesn't really have a court order.) If the grandmother does not show you the court order, call the police and tell them the grandmother is holding the child illegally. If the grandmother does not have any court order to have custody of your child, she may be guilty of kidnapping. She could be arrested.
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