If a parent has full custody, can grandparent file to have her taken for summers and christmas out of state?

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If a parent has full custody, can grandparent file to have her taken for summers and christmas out of state?

I am going through a divorce. The father has not had any contact with our child for just about 6 months. He moved out of state. The grandmother said that when she comes to court that if he isn’t granted custody that she will exercise her grandparents rights and try to have my daughter sent to her for the summers and Christmas. The father was abusive and I do not feel safe sending her there so far away. Can they do this?

Asked on August 3, 2012 under Family Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Many states in this country allow a grandparent of a minor child to file a petition to have some semblance of visitation or custody of the minor. However, the court's are loathe to override the wishes of a parent who is properly parenting in such a situation. I suggest that you consult with a family law attorney about this matter for further assistance.


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