Your daughter gave her aunt temporary physical custody of her son because she was unable to properly care for him. Now, a cousin just got out of jail for attempted murder & the family of the guy he tried to kill plans to get even with the cousin & they plan to shoot up the house that he is staying in – the aunts house, where your daughter’s son is living as well. And your question is whether your daughter can file an emergent application seeking to temporarily revoke her consent to permit her aunt to have physical custody of her son since she is afraid that her son is in harms way staying with the aunt. I presume your daughter already spoken with her aunt about this information & suggested that the aunt temporarily live elsewhere or that the cousin temporarily live elsewhere & the conversation (about either option) did not go well. My sense is that if your daughter simply went to her aunt’s house to take her son back, the aunt would object & potentially call the police, saying that your daughter is not fit to care for her son and that she was given physical custody of her son and that he has been living with her for the past XXX time. Presuming that my sense of the setting is correct, your daughter can still file that emergent application with the court but the focus for the court will be on how long the child has been living with the aunt; what was the reason why your daughter gave up temporary custody in the 1st place & whether that setting has changed; where she will live with the child moving forward; whether the danger to the child is legitimate if he stays with the aunt. Also, I am sure the judge will want to know about the conversation between your daughter & her aunt & why the aunt does not see a reason to change the custodial setting for the child. Those are basic items that would need to be presented to the court as part of this application.
Answered on Feb 15th, 2021 at 11:16 AM