...back mom vs. grandparents.'?

 

            Posted on Jun 20,2010   

            Court likely to back mom vs. grandparents.

Q.  My daughter is 7.  Her dad is dead.  In 2008, her paternal grandparents, who live a few blocks from me, were awarded custody.  I got visitation.

Since then we've often been in court fighting over how much visitation time I am supposed to have.  The last case is now on appeal. 

The grandparents recently sent my daughter about 50 miles away to live with their other son and his wife and their kids.  Because I'm disabled, but much better than I was in 2008, that move makes it very hard for me to see my daughter.

The lawyer-for-the-day at the court told me nothing could be done because the earlier case is on appeal.  Is that right?

 

A.R., Reading

 

A.    Because you have visitation rights, these grandparents should not have moved your daughter so far without getting the OK from you or the court.  So the lawyer-for-the-day was flat-out wrong.

My guess is they moved your daughter to further reduce your visitation time and perhaps because they were getting older and less able to raise a growing child.

 Here's what you have to do:  Immediately file a complaint for modification asking that you get primary physical custody because there have been material changes in circumstances since 2008.  You are better now; and the child was sent to live far away without your approval. 

Also file a motion, supported by affidavits from you and your doctor, asking the court to order the grandparents to immediately bring your daughter back.  And try to get an affidavit from a third party confirming they've not seen the child at the grandparents' home for months.  Serve all the papers ASAP. 

I'm guessing the judge won't be at all pleased with the grandparents' action, and will order the child immediately returned to Reading.