Grandmother vs Mother Custody - CO

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Old Feb 13th, 2013, 11:38 PM   #1
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Confused Grandmother vs Mother Custody - CO

This is kind of strange. I've been a single mother living with my child and my parents while going to university. Since going to uni, my mum and stepfather watched my child through the week because of a commute. I still made all decisions, still paid for all his necessities, etc. No one ever questioned my ability to be a good mother.

At the beginning of this year I moved in with my fiance to a different state. My mother was displeased and held my child hostage to the point that I had to call the police. The deputy told us all that I had every right to take my child with me but my mother refused to let him go. Under the deputy's suggestion, we agreed that I would go ahead to my new home and get it set up and they would bring my child to me in two weeks. Two weeks came and went. Instead of honoring the agreement, they claim they went to see a lawyer to establish temporary guardianship. That was one month ago. I have not been served anything, nor do I have any information about this whatsoever. It's been one month and I have no idea if I'm allowed to go get my child or what on earth is going on. I call my child multiple times per day but he is very young and I fear that I am losing my relationship with him. I took them on faith and they broke that. Is anything preventing me from just driving back and taking him with me?
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Old Feb 13th, 2013, 11:47 PM   #2
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Default Re: Grandmother vs Mother Custody - CO

I wish to inform you that you can have child custody. In this regard grandmother can be held liable for kidnapping if she does not allow child to you because there is no right for a grandparent to hold child in this manner. You can inform grandmother then if she does not agree to return of child then you will take action against grandmother. If still grandmother does not agree then you can file a complaint with law enforcement agencies. A parent is the guardian of child and has right to determine custody of child as well as take care of best interest of child.

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Old Feb 13th, 2013, 11:56 PM   #3
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Default Re: Grandmother vs Mother Custody - CO

Grandparents' rights generally vary by state. Some states have laws that are more accommodating to grandparents than other states. Grandparents will have to prove that visitation or custody is in the best interest of the child. However, it will be difficult for a grandparent to assert his or her rights to a grandchild in the absence of an actual change in the parent-child relationship. In addition, the court will expect proof that the grandparent has maintained a good relationship with the child; and if the child is old enough and mature enough, the court might like to hear from the child on his or her preference regarding visits with the grandparent, as well. In any case, grandparents should also be careful not use their time with a grandchild to undermine the child's parents or to speak against either parent. In most states, the concept of grandparents' rights does not exist, as it is a parent's decision to determine whether or not to allow their parents to have a meaningful relationship, including visitation, with their children. You need assistance from an attorney who is experienced in this field of law.
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Old Feb 14th, 2013, 12:51 AM   #4
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Default Re: Grandmother vs Mother Custody - CO

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Originally Posted by taikalainen View Post
This is kind of strange. I've been a single mother living with my child and my parents while going to university. Since going to uni, my mum and stepfather watched my child through the week because of a commute. I still made all decisions, still paid for all his necessities, etc. No one ever questioned my ability to be a good mother.

At the beginning of this year I moved in with my fiance to a different state. My mother was displeased and held my child hostage to the point that I had to call the police. The deputy told us all that I had every right to take my child with me but my mother refused to let him go. Under the deputy's suggestion, we agreed that I would go ahead to my new home and get it set up and they would bring my child to me in two weeks. Two weeks came and went. Instead of honoring the agreement, they claim they went to see a lawyer to establish temporary guardianship. That was one month ago. I have not been served anything, nor do I have any information about this whatsoever. It's been one month and I have no idea if I'm allowed to go get my child or what on earth is going on. I call my child multiple times per day but he is very young and I fear that I am losing my relationship with him. I took them on faith and they broke that. Is anything preventing me from just driving back and taking him with me?
Nope. Your mother has no inherent right to custody over your child. Every day that you allow the child to remain with her is another day she can try to claim you have abandoned your child.

Go get your child. Let your mother file for guardianship if she wants. A judge will set her straight and remind her that just because she is a child care provider doesn't give her special rights to take over custody of your child.

Unless and until your mother gets this matter straight in her head, once you have gone to pick up your child, you should make alternative child care arrangements.
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Old Feb 14th, 2013, 10:06 AM   #5
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Default Re: Grandmother vs Mother Custody - CO

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Originally Posted by taikalainen View Post
This is kind of strange. I've been a single mother living with my child and my parents while going to university. Since going to uni, my mum and stepfather watched my child through the week because of a commute. I still made all decisions, still paid for all his necessities, etc. No one ever questioned my ability to be a good mother.

At the beginning of this year I moved in with my fiance to a different state. My mother was displeased and held my child hostage to the point that I had to call the police. The deputy told us all that I had every right to take my child with me but my mother refused to let him go. Under the deputy's suggestion, we agreed that I would go ahead to my new home and get it set up and they would bring my child to me in two weeks. Two weeks came and went. Instead of honoring the agreement, they claim they went to see a lawyer to establish temporary guardianship. That was one month ago. I have not been served anything, nor do I have any information about this whatsoever. It's been one month and I have no idea if I'm allowed to go get my child or what on earth is going on. I call my child multiple times per day but he is very young and I fear that I am losing my relationship with him. I took them on faith and they broke that. Is anything preventing me from just driving back and taking him with me?
You need to return to the original state immediately and retrieve your child. First, check the court docket for that county, civil, to see if an action has been filed.

Your mother may be claiming abandonment in order to get guardianship or custody, so it behooves you to get back there to retrieve your child.

Legally, unless or until there is a court order otherwise, you have every right to have your child.
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