If the paternal grandmother of my child had temporary caregiving that has expired, can I pick up my child and file for custody?

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If the paternal grandmother of my child had temporary caregiving that has expired, can I pick up my child and file for custody?

My son is currently living with the paternal grandmother at this time. The grandmother had court documents for caregiving but it has expired and is no longer valid. Can I proceed on taking my son to live with me and file for custody? Or would it make me look bad in court?

Asked on May 3, 2012 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are obviously a wise person to think ahead.  It is unclear to me that the order has expired unless it wasonly a temporary order.  I would seek help from an attorney now to file for permanent custody and not just take your son from his grandmother.  Only because I think that it will probably cause a scene and you are right: it looks better that you are more concerned about your son and how this would all effect him. Good luck.


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