My child has been living with her dads parents for almost a year with no legal permission i want her back what can i do?

Asked over 1 year ago - Salem, OR

i gave her to him he couldnt take care of her so she went with his dad and his dads wife. i have been calling her a couple of times a week and am trying to get her back but they have cut off their phone and they live three hours away, can i just go take her she is my child

Attorney answers (2)

  1. Jay Bodzin

    Contributor Level 20


    Lawyers agree

    Answered . It depends on what you mean when you say that you "gave [your daughter] to [her father]." If you granted him legal custody, then he has the right to object to her relocation, and if you removed her from a home he could ask for legal assistance, including police assistance, in getting her back. If there is no judgment of custody, then in theory, you and he have equal parental rights to your child, and her grandparents have no inherent rights at all. So in that case, you could in theory just swoop in and take her away. But bear in mind that if you do that, you run the risk that the father could file a custody petition - or, so could the grandparents, though they have a much higher standard of proof to bear.

    The best thing to do, most likely, is to file a custody petition against the father, alleging that he has not had care of the child for the past year and asking for legal custody yourself. The father's parents could intervene, but as I said, their burden in doing so is a lot higher. You should consult with an attorney in private if you mean to take legal action.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Diane L Gruber


    Contributor Level 18

    Answered . Check out the "legal guides" about custody and parenting time on my profile page of this website. THEN, consult with a family law attorney. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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