What to do if my grandson’s mother moved him out of state without permission from my son?

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What to do if my grandson’s mother moved him out of state without permission from my son?

My grandson’s home is unsanitary. There are 4 adults living in the home smoking and he has asthma. There are 4 big dogs living in the house and dog crap everywhere. If my son gets him for the weekend and doesn’t let him go back to his mom, what can she do to him legally? My grndson goes to school in dirty clothes and not bathed properly. My son only has every other week visitation with his son who is 6 years old.

Asked on November 24, 2012 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You son needs to get a lawyer as soon as possible. The first issue is that the ex has moved out of state with no intention to return and most likely in violation of the court order and agreement.  Next, it sounds as if he could bring an emergency petition to change the custody order as it would be "in the best interest of the child" given the situation in which the child lives.  If he has asthma and the environment could harm him, that would be a factor along with the unsanitary conditions. He should file the petition when he has the child otherwise he may have to file it in the other state.  Good luck.


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