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Divorce Source Community Forums >> Grandparent Rights

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tabathaak
recently joined

Reged: 02/08/09
Posts: 1

I need HELP ASAP!!!

#501556 - 02/08/09 03:07 AM

its long and crazy but i will start with the short version. My hubbys ex wife for the longest time would not let him be involved with their daughter (he raised their son though) and would barley let him see her. Since 2006 he has been in one custody battle after another because she gave their daughter to her mom. Well in November they came to a agreement of 50/50 legal and physical custody 2 weeks on 2 weeks off. Before this custody agreement grandma had their daughter most of the time. Well that was suposed to change after the 50/50 agreement was made.... but a week after that court hearing mom picked up and move 200 miles away and wanted my husband to give their daughter to her mom for her two weeks. He agreed to do it for a few months till after the holidays so it didnt stir things up during the holidays. Well grandma knows that after the 13 she will not be getting their daughter back and she is doing everything to prevent it from happening. She filled her prescriptions for this month (the girl is diabetic) after we told her nad the pharmasist not to fill them for her and is going around waving this paper around that my hubbys ex wife signed in 2002 saying she has temp physical and legal custody. help does he have to give her to grandma since that is what his ex wants or does he have the right to say no????? HELP!!! we have thought about filing for a r/o but would it even get granted????? :confused:

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Buckeye
Carpal \'Tunnel

Reged: 12/08/05
Posts: 7857

Re: I need HELP ASAP!!!

[Re: tabathaak]
#503721 - 02/15/09 04:52 AM

If the court order says BM and BF have 50/50 legal and physical custody, that is just what it means - them only.

SOOOO, hop on this right now that BM has moved away and basically abandoned the child. File for full physical and sole legal custody. And, get an attorney - and do it now before mom takes the kid with her.

And, it is my understanding that your husband doesn't have to give the child to Grandma for her mother's two weeks BUT you should run that by an attorney.

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mommyof9
old hand

Reged: 10/04/08
Posts: 1176

Re: I need HELP ASAP!!!

[Re: Buckeye]
#505541 - 02/21/09 12:13 AM

I was under the impression that if it is Mom's time she DOES have the right to decide where her child will be; either with her or with her mother.

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Hope for the best, prepare for the worst.

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