If my sons mother has custody and she just abandons him with his grandma, can I take him from his grandma? 1 Answers as of April 07, 2011

My son is 3 years old and I just recently established paternity of him. There was no parenting plan or residential schedule set but because he was with his mother most of the time, he shall remain with her. His mother was living at her mothers house and I got to have little time with him. In the past 4 months, my sons grandma started letting me have him every weekend. She told me that she had to take custody away from his mother and she legally was the custodial parent. My child support check goes to her, and I wasn't notified of any legal custody change from her mother to her. I spent the whole day trying to get to the bottom of this by going to the county courthouse, going to the prosecuting attorneys office, juvenile hall, cps, and child support. Nobody could find record of this anywhere involving custody for my son. CPS and child support told me to keep him next time he comes over and not give him back. I called the police department and they agreed and said if there's a fight to call the police and she will be removed. What I'm wondering is, is this a legal way to do this? My sons mother is not around anymore and has just left him with his grandma, grandma doesn't want to give him up.

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Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
The risk you have is that you don't know for sure what the grandmother has accomplished legally. The safest route would be to petition for the establishment of a parenting plan.It might be safe to go get your child, but who knows. You could file and get an ex parte order overnight placing the child in your care. or even in a day. To prepare the necessary documents well could take a week. Even if you took the child from the grandmother, the Mother could take the child from you, then you could take the child from the Mother and of course the instability of the situation is hardly good for you child. A parenting plan would hopefully give some order to the child's life.
Answer Applies to: Washington
Replied: 4/7/2011
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