I am maternal Grandmother. Children and mother lived in GA. Father in MN. Last Custody order by MN stated, "It is in best interests of the parties' children that Father's parenting time be as follows: The Father shall have telephone contact with the minor children and parenting time in Minnesota with the minor children as and when the minor children and the Mother may agree." I have petitioned MN for Custody, I have been with mother and children since Jan. 2012 in the home they have been in since 11/2011. They have lived in GA for approx. 4 years. Children are 11 and 7 and 11 yr old states he will kill himself if he has to go with Father. What can I do to stay order to give him children until Petition for Custody can be heard?
In addition to the advice suggested by Mr. Rice, you should immediately take the 11 year old who stated he would kill himself to his family pediatrician/doctor or to an experienced child psychologist. Only a professional is capable of evaluating the child's mental health, and determining if the child needs services to protect him from harming himself or others. Furthermore, if his feelings are based on known or suspected abuse by the father on himself or another child, such professionals will be required to report the information they receive, and child welfare authorities will investigate. They may be able to obtain temporary orders to block the visitation while they investigate the matter.
You may want to initiate a proceeding in the Georgia Juvenile Court for the county where you reside with the children for a deprivation case, and seek temporary custody of the minor children. Generally, proceedings in Juvenile Court are quicker than in Superior Court. The Juvenile Court would have authority to determine issues of custody, etc.. Assuming the allegations of sexual abuse to be true, I would advise having the children enrolled with a child psychologist as soon as possible to begin treatment. I wish you luck, and I send my condolences for your loss.
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