More details to this question:
My daughter live in Nevada with her grandparents. I live in Texas with my husband for work. My daughters grandparents have decided to file a petition for custody against me for her. Their reason was that, we as parents, don't care. Which is not true. They have a court date on the 12 of june to state their side of the case and show that they have probable cause and prove that we are unfit as parents. My question is, Should I go get my daughter now before this care since they have no real rights to her? or should i wait for the case to go through and wait for the end verdict?
1 ANSWER
There are huge holes in this fact pattern that would be important to answering it -- like, what is the daughter doing in Nevada in the first place? How long has she been here? Is there any kind of agreement -- oral or written -- indicating why she is here, or how long she should be here? All of those would be important to know before anyone would counsel you to engage in self-help (ie., swooping in and grabbing the child).
Obviously, the child's physical safety comes first, so do nothing that might provoke a physical confrontation. On all aspects of this matter, you need a much more in-depth analysis, starting with all relevant documents and probably including a detailed discussion of what is really going on, and why. There are a lot of grandparent-custody-or-visitation cases in Nevada; you can find information about them here:
http://willicklawgroup.com/child-custody-and-visitation/
Then you really, really should consult with qualified counsel.
Answered on Jun 04th, 2014 at 11:56 AM