What to do if a grandmother will not return a child from an out of state visit?

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What to do if a grandmother will not return a child from an out of state visit?

Mother has sole and legal custody of her daughter but must allow her to visit grandmother out of state 4x a year per court custody agreement. The mother got arrested and is going to prison for 1 year. Upon learning this, the out of state grandma refused to return the child to the mother’s home and is going to keep her full-time. I (mother’s sister) want to raise the daughter as part of my family in the same area that mother and daughter were living. How can I do this?

Asked on January 6, 2013 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to carefully look at the court order in place as to custody in that will give you a road map as to who else might have cusotdy of the minor besides your sister. From there, consult with a family law attorney to file a petition with the court seeking temporary cusotdy of your niece pending the release of your sister from jail.


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