QUESTION
What state has jurisdiction and where would we need to go in order to file a request for temporary custody of our grandchildren?
Asked on Aug 02nd, 2018 on Child Custody - Virginia
More details to this question:
Our daughter who had just recently moved to Mongtomery, AL from Altlanta, GA sent her children to us ostensibly so she could get herself together, get a job, get the kids birth certificates and school records from GA and get set them set up and ready for school. That was about a month ago. She went to Atlanta and we don't know where she is. She has called twice, once right after the kids came and once about a week ago. She has no plans to come and pick up the kids but does not want to give us custody. According to the father of 2 of the 3 children, she told him she wanted to sign the kids over to him. He is a convicted felon and the reason she moved to Montgomery. He has battered over the years and was went to jail this summer for battering her right before she moved to Montgomery. We want to file for custody so that we can register the kids for school here in VA where we live and be able to get them medical care (put them on our work insurance policy), etc.
1 ANSWER
Lawyers.com offers general information and not legal advice. Legal advice is based upon a discussion of the facts in your case. Your question cannot be fully answered in this forum, because it will require more information. For example, are there any court orders in place, issued by any state? If so, what state and when was it issued? How long did the children live in Georgia? Did they live in Georgia more than 6 months? Did they ever live in Alabama? Have long have they lived in Virginia? What, if any role, did the father play in allowing them to come to Virginia? Did he agree? Has your daughter or the father ever live in Virginia? Will the biological father agreDo you have anything in writing from your daughter? There are too many unanswered questions for me to offer proper guidance. I encourage you to set up an initial consultation with a family lawyer ASAP to address each of your concerns. Lawyers charge by the hour, therefore, be prepared to pay for the initial consultation. You will need a court order to enroll the children in school or seek medical attention. Therefore, time is of the essence.
Best of luck to you and your family~
Answered on Aug 06th, 2018 at 8:03 AM