Question by  fjcrook (1)

What can my son do to keep his kids in the state?

My grandkid's mom is being kicked out of her house, and she is going to court for her 4th DUI in August. They do not have a court order, but the kids are with my son 75% of the time. She said she will move out of state on Friday with the kids and jump bond. What can he do?


Answer by  patti (29325)

He should go to Family Court immediately, file a motion for custody. He can file the motion on his own without an attorney; someone in the Clerk's office will help.


Answer by  johnresa (2455)

What he can do is petition the court for an emergency custody order or a temporary restraining order. Either one should prevent her from taking the children.


Answer by  jeroboam (185)

Seek a temporary restraining order barring her from taking the kids out of state and simultaneously seek a change of custody with an expedited-hearing request.


Answer by  Dean (4035)

Your son should file with the court (he can do this without an attorney) a motion for immediate emergency custody of the children. He must then ask the court to determine custody as well as a support order.


Answer by  lgk (2426)

He needs to file some papers with the court to establish he has custody, a Uniform Custody Jurisdiction Paper is the best. If he truly fears for their safety, a order of protection may also be a good idea. This is assuming that the mother has included him on the birth certificates and he has the right to do so.


Answer by  tamarawilhite (17883)

Contact the district attorney. Inform them of her statement. Fleeing to avoid a court appearance is a crime. If she has threatened to do so, she can go to jail immediately and lose custody of the children.

You have 50 words left!