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Can a child who is supposed to be watched by a relative, take the child over state lines for emergency custody?

Discussions relating to Drug Laws

Can a child who is supposed to be watched by a relative, take the child over state lines for emergency custody?

Postby camdin90 » Mon May 21, 2012 8:46 am

I live in FL and the legal issue with the court is in GA. I will find out for sure at 9am tomorrow but want some help from anyone who knows something, preferably those with legal expertise.

My wife got arrested Thursday night for theft and her mom took them out to dinner while I was working so grandma was watching my child until I came home due to the incident. Grandma lives an hour away and offered to take my child for the night so I could research what I needed to do in the morning to get my wife out. She was to take my child home and then when grandpa went to work he was supposed to drop my child off at school. They live an hour away and that's a hassle but it was to help me have the time I needed, and because I worked the next day and my wife usually watched our child during that time.

Now is where I'm confused. I believe that grandma left my house, and drove straight to my brother in laws house (her son and my wife's brother) 3 hours away just a skip over the GA border. I have to talk to the judge in the morning to get the full details but after hours of calling all different offices of police, state police and sheriffs both in FL and GA. The GA cop talked to the judge and told me that my daughter was brought there and they then went to court in the morning to get what appears to be an emergency custody order giving what appears like 90 days custody of my child to the brother in law. I was on my way to grandmas this day and half way there was called by the brother in law saying he filed for custody and his wife just got my daughter from grandmas and grandma lied and told me when she was verifying the paper that the sister in law grabbed my kid and took off. I made her call 911 immedietly but they didn't rush there and the cop wasn't helpful, but was nice. Grandma kept whispering when I left the room and would come back but she said she wasn't. Apparently I was lied to on how it happened because grandma doesn't wanna be involved but she initiated this by lying to me. It was supposedly done because they thought I might be arrested too but I didn't do anything and am her biological father and perfectly in every order to function as her dad. The supposed reason they got custody was by claiming that me and my wife are drug addicts. My wife has a very very bad back and is prescribed Oxycontin and her family calls us both drug addicts because she takes them. It's like what she does then I must too. It's something I've heard for years because the brother has a bad temper and gets mad and calls us addicts when he doesn't get his way. Like a month ago he wanted to see my child and we said no because he won't tell us his address so he said he was going to do this here.

How can my daughter be brought over state lines without my permission and then taken to court and given temp custody by a family member who hasn't seen her in about a year tops.The GA officer told me that they were given custody because my child was there in the room, when originally I was made to believe it was done in GA for a child in FL. I didn't give permission for my child to go to the uncles house, nor across the state line. So not only was I lied to about how it happened and made to wonder how the impossible happened, but my child was taken without my permission to another state. How is this possible really? and what would stop me from taking any kid and saying it was the one in question or to take a family member and say the same thing and getting that child? It doesn't make sense.

I'll be calling the judge and a lawyer in the morning once I get the full details. Sorry for making a book but as I wrote I felt the need to have to explain the situation. I hope some of you will read this long story and give me some good advice =)

Please help. It's been hurting me all night and I am a delivery driver so I wasn't in the best state of mind to be driving and was getting confused trying to find not so difficult addresses a few times. I felt like I needed a Xanax because I was on the verge of panicking for a while. It wasn't fun.
camdin90
 
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Joined: Thu Mar 31, 2011 8:11 am
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