Need help from those IAAL types or anyone that knows anything

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YaYa
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Re: Need help from those IAAL types or anyone that knows anything

#26

Post by YaYa »

Judge awarded him custody earlier in Spring. Kids were still with Step Grandma after their Mom's death in auto accident (last year). Mom was into drugs and the Dad was fighting for custody when accident happened. Step Grandma was supposed to give kids to their Dad in July. However, it seems Judge failed to sign the order so SGMA is using that as a reason to keep kids, plus she's making up shit about their Dad at this point. My niece and her hubs (father of kids) lawyer got a court date for Sept 19th for Judge to MAKE her give them the kids. Now SGMA is posting on FB how they're selling everything and buying a travel trailer and hitting the road. My niece is afraid they're planning on running with the kids. Grandpa was arrested on Meth charges last year and Judge ordered that he can't be around the kids but they ignore that order completely. My niece things their property was seized because of the meth conviction/arrest. I can't find anything on the meth case no matter where I look. I told them they should have just kept the kids and let SGMA take them to court but they're trying not to put the kids (6 and 3) through more turmoil. Thank you!

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Tiredretiredlawyer
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Occupation: Permanent probationary slave to 1 dog, 1 cat, and 1 horse, 4 granddogs, and one grandcat.

Re: Need help from those IAAL types or anyone that knows anything

#27

Post by Tiredretiredlawyer »

If the father has a lawyer you can check on Martindale.com for the peer review ratings.

Too, also, each state has different child custody and paternity laws but there are also federal and state criminal laws against child kidnapping or violating a custody order. If Grandma runs away with the kids and she is caught, the judge can end all contact with the children. If she has knowledge of the earlier custody ruling either in a letter from the judge or an announcement in court she can be held in contempt of court and jailed after a Motion for Contempt has been filed and a judge signed Order to Appear and Show Cause is signed by the judge and served on Grandma. This may be what the September hearing is about. She could also be charged criminally in federal or state court.

The real issue is whether there is a possibility or a probability of her taking off with the children. In my experience there is always a possibility but rarely a probability. In 32 years of law practice I handled two kidnappings by parents. The FBI located the children and they were returned.

To kidnap children and hide with them takes planning, some smarts on how to evade the FBI, and a good place to hide them. From your description of the grandparents they don't have these qualities.

I did hear a lot of mouthing off about "taking the kids". If Grandma has a lawyer you can be sure her attorney is discouraging this and advising her of the risks I mentioned above.
A 19th Amendment Centennial Moment:
The 19th Amendment was first introduced to Congress in 1878, yet it was not approved by Congress until 1919 – 41 years later.
- https://legaldictionary.net/19th-amendment/

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