we are grandparents who are concerned about the safety of our granddaughter who is currentley living in washington state with her birth mother who was living with us with our son last year in arizona both were on drugs at the time .She then decided to leave to washington in her drug induced outburst with our granddaughter leaving our son behind who refuses to relocate there with her .he is currently clean and attending counsling and N.A Meeting .We are unable to see or speak to our granddaughter 1st question-what can we do to ensure the safety of our granddaughter and be permitted visitation rights ? 2nd question how can our son get temporary custody of his daughter .
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- Thread Starter dakotaluv
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Dad has an uphill battle for custody but he should file for visitation at least. Depending on how long mom has been out of AZ, it might be too late for dad to dispute the move. He is going to have to prove mom is unfit. He should talk to an attorney because at this time it is unclear if AZ or WA would have jurisdiction. If no court papers have been filed, AZ might be able to retain jurisdiction but all 3 of you should go see an attorney. As far as grandparent visitation rights, you may not have any at all it is up to your son to fight for his rights and you might have to see the child on his time.
Scooterdog
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I assume there is no court order of any kind.
First, your son needs to Petition the court for custody.
As a Grandparent, you do have some rights. But, at this point, it would be better to get behind your son, and get ready for war.
If she ran to Washington, I can only assume Meth is involved. If that's the case, it's too late for her, and that child needs to be removed.
One dirty trick you can do, is call Family Services in the town she lives(have your son do this) and request that they do a welfare check. Drugs, run away mom, voilence issue's.
The question I have, is how long has the child been in Washington, and how old is the grandaughter?
A child has an equal right to be raised by the father, and must be awarded to the father if he is the better parent, or mother is not interested. STANLEY V. ILLINOIS, 405 US 645 (1972)
If custodial mother has boyfriend living with her, state can change custody to father. JARRETT V. JARRETT, 101 S.Ct. 329
Custody can be awarded to father of girls of "tender years" if mother commits perjury, and is otherwise immoral. BEABER V. BEABER, 322 NE 2d 910
Arguments that Joint Custody constitutes a "fundamental right." BECK V. BECK, 86 N.J. 480, see also 23 Ariz. Law Review 785
Mother cannot take child out of state if that prevents "meaningful" relationship between father and child. WEISS V. WEISS, 436 NYS 2d 862, 52 NY 2d 170 (1981)
Scooter, it sounds like both parents were on meth, so there is no proof that dad is much better off, especially since meth has a 90% relapse rate.
I understand you are fathers rights and all, and so am I to an extent but custody is not always better with Dad, like you seem to think.
I find it odd that you always post case law about mom committing perjury and immoral behavior, when you admit you a daily pot smoker. Some people might consider drug usage (and pot is an illegal drug) immoral behavior and detrimental to children.
Most case laws do not hold up in every court battle, it is extremely state and case/fact specific.
I understand you are fathers rights and all, and so am I to an extent but custody is not always better with Dad, like you seem to think.
I find it odd that you always post case law about mom committing perjury and immoral behavior, when you admit you a daily pot smoker. Some people might consider drug usage (and pot is an illegal drug) immoral behavior and detrimental to children.
Most case laws do not hold up in every court battle, it is extremely state and case/fact specific.
You or Dad need to look into hiring a PI or a parent locator to find mom.
Once you have an address, you can try calling social services but since there is no immed. proof of abuse or neglect, they may or may not act. Welfare checks are generally low priority.
A people search/public records search on the internet may get you somewhere if you have mom or maternal grandma's name. For a small fee you might be able to track mom down.
Once you have an address, you can try calling social services but since there is no immed. proof of abuse or neglect, they may or may not act. Welfare checks are generally low priority.
A people search/public records search on the internet may get you somewhere if you have mom or maternal grandma's name. For a small fee you might be able to track mom down.
Scooterdog
New Member
Those cases can be used in all 50 states, same case law I used.
The problem is, the child has been gone for 6 months, giving mom an argument for jurisdiction in Washington by the UCCJA. BUT, the courts have to consider which is the more CONVENIENT FORUM to have the hearing. This would be the birth state as it was 7 years.
As long as your son is strait and can stay that way, he can file for custody. You can do that in your state. Then you will have her served in Washington, if you can find her.
NOTE: I used this in Montana. I didn't know the exact address of the mother, so I posted notice in a news paper of her last known address. You can look into that. Meth heads don't read the paper, you can win by default.
Although she would have an argument for jurisdiction in Washington, lets be realistic, where is the money going to come from and what kind of shyster would take her as a client? This will get very expensive on her part if your son files, and if it were me, the sooner the better. Like within a week or two.
Scooterdog
New Member
Anytime. By the way, you can get custody packet's from the clerk of court, simple fill n the blank. Don't hire a lawyer, as they will get the other state involved. Trust me, been there, done that. BS!! :no:
If you and your son think you need a very good fathers right expert, please pm me, I know the best in the US.(What you would pay for a retainer, he charges per YEAR) And, he live is Washington.
Something eles.You may want to consider filing as "next best freind" along with your son. He has a choice to make, and the time is now. If he fails, atleast you still have a foot hold. If she files in Washington(a state that is VERY protective of parental rights,) that state may get jurisdiction. I express this again as it is soo important. DAD NEEDS to file FIRST. Don't wait for her. He need's to be involved, stay off the shit, and become a man.
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