Grandparents are not blood related filed for custody

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Latest post 03-22-2010 6:30 PM by LynnM. 8 replies.
  • 03-21-2010 7:14 PM

    • Valdela
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    Grandparents are not blood related filed for custody

    Back in july of 2009 my son went to visit his grandparents and his dad in VA I live in FL nobody has custody we were never married and never did the custody thing.  I was supposed to get him back but once in VA they said he could not come back for no reason other than his father is his father and says no.  I tried to make negotiations on when and how custody should go with my sons father but it got me nowhere in oct of 2009 i received court papers.  It turns out that the grandparents where filing for custody of my child with them V. me. Also granted they have always been in my childs life they are not related by blood as they adopted there son. Is there even a slight chance they could win this. I am married and live in a townhouse and have lived on my own for years.

  • 03-21-2010 7:19 PM In reply to

    Re: Grandparents are not blood related filed for custody

    This is not a fight you can do on your own.  You need skilled legal counsel NOW.  When they didn't return the child you should have reported it to the authorities as a potential kidnapping.  The longer they stay in VA the harder it will be for you to get them back.  The fact that the father is adopted does not in any way make them less of grandparents.  Legal adoption of the children's father as a child makes them legal parents and therefore legal grandparents.  Not blood lines.  

    Hire an attorney NOW.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 03-21-2010 7:24 PM In reply to

    • Valdela
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    Re: Grandparents are not blood related filed for custody

    I was told since the father lived in the household and neither of us has custody it is not kidnapping we have equal rights!

  • 03-21-2010 7:50 PM In reply to

    Re: Grandparents are not blood related filed for custody

    "Also granted they have always been in my childs life they are not related by blood as they adopted there son."

    That makes no difference.

    You need to hire a lawyer and formalize custody arrangements. Your informal custody arrangements have just failed.

  • 03-22-2010 6:37 AM In reply to

    Re: Grandparents are not blood related filed for custody

    How old is the child?  Why have you waited for 8 months to question anything?  Has anything been decided in FL since they filed in Oct 2009?  You may need to file motions concerning jurisdiction and lack of standing for the grandparents to file for custody.  You need counsel both in FL and Va.

  • 03-22-2010 10:04 AM In reply to

    • Drew
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    Re: Grandparents are not blood related filed for custody

    I agree the Jo---there are some complexities --and you need to shut your yap and get FL counsel like immediately--and you will probably need VA counsel as well.

    Ther could be major jurisdictional issues IF Dad has not be declared the Dad --but I just gotta suspect the GP are a step ahead of you on that score.

    Ordinarly to just to get your child might work--but you snoozed too long and you may be running into  problems that your child is now a VA resident and under protection of VA laws.

    I'm not sure why GPs would have any standing--but my guess is GPs and Dad are conspiring against you.

    Your FL lawyer needs to address the significance of the VA issues.

    You need to get started today if not sooner.



  • 03-22-2010 10:05 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
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    Re: Grandparents are not blood related filed for custody

    Are you married to this father? Ouch--your odds just got worse.



  • 03-22-2010 11:47 AM In reply to

    • Valdela
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    Re: Grandparents are not blood related filed for custody

    my son is three and i have not been sitting idle we had our first court date in december but it was just to set the actual court date i went all the way up to va at that time and prior to that i had called law enforcement and got no where and have allready filed for legal aid cause i can not afford a lawyer. also in fl you cannot just file for custody u have to have a lawyer do it on your behalf.  My only question was can the grandparents win custody just because my son's dad lives with them? even though i have been trying to get him back!

  • 03-22-2010 6:30 PM In reply to

    Re: Grandparents are not blood related filed for custody

    Your ex's adoption is irrelevant.

    Was there a custody order in place before this happened?

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