BM back in prison so where is the child?

[NoNicky]

Yesterday BM was ordered to prison again.  She just got out in April.  So where is the child?  Not with his dad!  He's still sitting at his grandparents house and of all things they are asking DH to give up a weekend in Aug so they can take a vacation from his visitation.  Not that they want to go anywhere or do anything special.  They just do not want dh to have his son for his weekend.  G'ma is claiming she's entitled to all the "mother's time" because she is the one who has temporary care of the child until the hearing date in Sept.  (we're trying to get it moved up in light of the circumstances).  

No questions really.  Just needed to vent.

NoNicky
For God has not given a spirit of fear; but of power and of love and of a sound mind.  1 Peter 1:6

[janM]

Can't you get an exparte hearing for emergency custody?

How long will BM be there?

[wendl]

I'm so sorry NoNicky

That is just BS, if mom is in jail then DAD should have the child not grandparents.

Can you file an ex parte hearing and try to get temp custody before school starts.
:)
**These are my opinions, they are not legal advice**

[Peanutsdad]

Sorry folks,, I dont think an ex parte will apply here. The child is in no danger.


Nonicky is taking the appropriate steps,, he's fighting for custody to get the child placed with a parent and not a grandparent.

[NoNicky]

While an ex parte may not apply I do know the GAL and our attorney are discussing asking the magistrate to up the hearing from the Sept date so that we may get him started in the school here before the year begins rather than having to transfer shortly after school begins.  We are in year 3 of this court battle.  

For the others that asked all of us our astounded that after spending a year in prison for felony frauds and committing these frauds while standing trial on the other one she only got 6 months on 6 or 7 counts of fraud.  She had attempted to defraud CS out of over $60,000 but only managed to scam $22,000.  Either way it is her 2nd time there in less than a year and she will still be in prison when the Sept date rolls around.  As for the whys your guess is as good as mine.  I understand she repaid at least some of the money and they took that into consideration.  What I'm wondering is what other fraud she committed to get the money to pay that back since for the past several years that seems to be her method of earning a living.  Between that and working as a stripper.  


NoNicky
For God has not given a spirit of fear; but of power and of love and of a sound mind.  1 Peter 1:6

[DeepInTheHeart]

I actually have someone who went through this same exact situation. Mom went to jail for 4 months for bad checks and his daughter was living with Mom's parent's.

His solution:
He picked the child up for his parenting time, did not return her and immediately filed for custody on emergency grounds in his area of residence as provided for under the UCCJA and the laws of our state. He obtained temporary and then permanent custody- no problem.

So long as the grandparents do not have a court order granting them custody rights, you are under no obligation to return the child to them AND as you cannot return the child to Mom due to her "unfortunate incarceration" I do not see that you obtaining custody in the same manner would be a problem.

Just my two cents.

Deep

[KAT]

I agree with Deep. G-parents only have rights when awarded by the courts. If this hasn't happened, G-mom has NO RIGHT to keep the child. Personally I'd go down there today & collect the child.  What is mom going to do anyway? Contempt motion when she's not available to parent the child? Ha! Just her being arrested (AGAIN) & thrown in  jail (AGAIN) should be enough to prove that her lifestyle is having a substantial detrimental effect on the child so a temporary emergency custody order should be a slam dunk.
Let us know how it works out!
KAT

[Nextmother]

We used an ex parte to get temporary custody of my DH's child when her mother went to jail for bad checks too. Our lawyer explained that BM was in jail and the child was with Grma and DH wanted her with him.

This, after having not seen or heard from the child in nearly 4 years due to BM hiding her.

It can be done that way, even if the child is in no danger.

Next

[NoNicky]

Unfortunately grandma does have temp custody.  It was awarded to her when mom went to jail the first time until the final hearing of the custody case.  The reason for giving it to her was as stated by the magistrate, that due to the fact that mom hid the child for 6-1/2 years from dad and mom and grandma had not been allowing him visitation in the intervening years and court cases that dad did not have a well enough established bond with the child.  So she awarded temp custody to grandma, made grandma a party to the case with the warning that the only reason she did so was so that she could hold grandma in contempt if she withheld any more visitation and then granted dad visitation so that they could bond.  Bond has now been established.  

There is a lot more in this case but it would take a novel to write it all.  There are allegations of sexual abuse by other people.  There are meds he says they give him but they don't tell us about or send with him for us to give him.  There is the fact that they call this little boy by a feminized version of his name.  The fact that he's 9 and no one has bothered to show him how to tie his own shoes, bathe himself, brush his own teeth or even wipe his own butt after he uses the bathroom.  We've got him to where he can bathe himself, brush his own teeth and wipe his own behind in the little over a month we had him for our summer visitation.  However, when he is at their house they do not allow him to do these things for himself.  They tell him he's not able and they must do it for him.  Funny we have one a year younger than him that can and has been doing those things for himself since he was 4 for the stuff that took the longest for him to learn!  Shoes are the next thing we tackle.  It just creeps me out to think that at 9 he still has grown-ups touching his private parts to wash him when he is quite capable, intelligent enough (A's and B's in school), and not physically impaired in any way.


NoNicky
For God has not given a spirit of fear; but of power and of love and of a sound mind.  1 Peter 1:6