My daughter has lived with me and her mother since birth. As of four months ago we all moved into my girlfriend mother house. Not to long ago there was an altercation between my girlfriend and her mother were my girlfriend slapped her and was arrested and issued a temporary OFP order and temporary custody of my daughter. When the incident happen I went to pick my daughter up that day and grandmother would not give me her police came and said I had a right to take her since she is my daughter. So I did. A week later my girlfriend had court again and judge filed the OFP so she can not have contact with baby or her mother plus the gave granted her temporary custody. Since the incident my daughter has been living with me at my parents house, the grandmother called me saying I have to return baby or she will call police and take her.
I am not sure that I followed that. More would have to be known about your situation. However, if you were not married to the mother and you do not have an order granting custody rights or parenting time, the mother is the presumed custodial parent. You would have no enforceable rights. If the court awarded custody to the grandmother, then the grandmother would have custody. You would have to commence an action in court to establish your parental rights.
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