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Legal rights of non-custodial parent when custodial parent leaves child with grand-parents with no notice

Cumming, GA |

my daughter & the father of her child are in a custody battle. initially she signed phys custody over to father, it was supposed to be temp. he was able to retain custody because he was in the military and in a non-deploy-able position. he has since resigned his position with that unit and enlisted with another unit actively seeking deployment overseas - he signed a family care plan with the army which is not a legal document, giving care to his parents, my daughter was not notified of any of this, my grand-daughter had been with his parents for at least 2 months before we found out - my daughter still has joint legal custody - can she bring her daughter home since her father is out of the picture. or will she have to fight the grand-parents since he left the child with the

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Attorney answers 1


Unless the custody paperwork provides for alternative custody arrangements in the event that the father can no longer have physical custody (i.e. that your daughter will receive custody), then she will have to go back before the judge who signed the original custody order and seek a modification, because the father still technically has physical custody. Your daughter only has legal custody, which means she can make decisions regarding her child's medical care and the like, but it's no substitute for physical custody. Under the circumstances, provided that your daughter has a stable environment in which to raise her daughter, the judge will likely be amenable to modifying the current custody arrangements. I would definitely have her consult an attorney in her area regarding this matter. An attorney may be able to hammer out an agreement between your daughter, the father of her child, and his parents--an agreement that they will all be satisfied with.

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