false domestic charges in Co - wife took her own life -children with he rmother

[colvindi]

son and wife and children in CO - maternal grandmother takes children from CO to her home in IN. children have been there for several months.  son facing falsely filed domestic charges - still pending I live in Chicago - he is staying with me in hopes of seeing his children - maternal grandmother refusing to let him have any contact and or visitation.
She has 'supposedly' gained full and permanent custody without my son ever having a court date or request for proof of income. She went to court alone and was awarded custody and child support on false and fraudulent income information.
How can this happen? how do we drop the domestic charges ? How was she able to take them over state lines?

[DadsCrushed]

Was your son served with the Court Order? Was your son served with the initial Motion? I find it odd that you have a CO identifying child support and custody without language mentioning visitation, at the very least supervised visits.

Note that as the parent, your son's parental status trumps the grandparents. Courts have ruled on that. Barring some termination of parental rights your son is their father not the grandmother who gives them milk and cookies. I'd file an Motion to Amend the Order at the very least.

[bloom6372]

I'd have to agree. Have your son tell the maternal grandmother to provide a Court Order stating that she has legal custody of the children or your son will be there, with the police, to pick the children up and possibly file charges of kidnapping. If your son hasn't seen a Court Order, I'm assuming there isn't one and the grandmother is lying. Definitely call the Courts where the grandmother lives and see if there is a Court Order. If not, your son is going to want to file an Ex Parte Motion to gain emergency custody. If there is no Court Order and the grandmother is refusing to release the children, she could possibly be found to be kidnapping them (depending on the circumstances).

[janM]

Was there a previous court order between the parents? For custody/visitation or child support? Is he the legal Dad?

Ditto what Bloom said.