Q: How do I get my child back from her grandparents after her father was kicked out.Police can’t force supposedly
The father was asked to take her for a short period of time in September after not seeing her for a year. He’s played like everything was great while his parents have not tried to reach out to me while filing guardianship behind my back. I’ve been trying to schedule a time and establish a plan to get her back to Idaho since 10/1/22 the father picked her up 2 weeks prior after getting fed up and being told im not getting her back and she was fine I went to Paso Robles, ca and found out the father had been kicked out 3 months ago for drug use. I went with the police and was told by the grandparents there was a hearing that morning for gaurdianship and they weren’t giving her to me. I have never lost my rights or been deemed unfit. And the police said they can’t make them hand her over, I have since returned 3/15/23 with the denial of emergency guardianship, The father’s custody case was dismissed due to jurisdiction as the child resided with me for the year previous to the filing
If you have legal custody of your child and the grandparents are refusing to return the child to you, you may need to take legal action to enforce your custody rights.
First, you may want to consult with a family law attorney in the state where the child is currently located to discuss your options and the legal process for seeking the return of your child. Depending on the specific circumstances of your case, you may need to file a motion for contempt or a motion for enforcement of your custody order.
It may also be helpful to gather any evidence you have that demonstrates your legal custody, such as your custody order or any other legal documents. You may also want to document any communication you have had with the grandparents, including any refusals to return the child.
If you believe that the child is in danger or at risk of harm, you may also want to contact local child protective services or law enforcement to report your concerns and seek assistance.
It is important to note that the legal process for enforcing custody rights can be complex and may take some time to resolve. It is recommended that you work closely with an attorney and follow all legal procedures carefully to ensure the best possible outcome for you and your child.
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.