Legal Question in Family Law in Montana
My daughter is in jail for a probation violation she gets out sometime on the 30th we hope this is in montana. Her father whom also lives in Montana has temp custody of my granddaughter . I live in Washington state and I am going to be in Billings on the 30th on my way down to Wyoming for my Mothers memorial service. My whole family will be I want to take my grandduaghter with me what are my rights?
2 Answers from Attorneys
None. This is not a parent-child matter.
However, you can contact her probation officer and ask permission for your daughter to accompany you to her grandmother's service. Be prepared for a 'no' to leaving the county, especially because she's already violated probation.
My previous answer was too spare. Montana law provides for grandparents' rights to time with their grandchildren. The grandparents must petition the court if the parents do not consent to the contact. If the child's father does not consent, you will need to file the petition. The mother can support your petition if her parenting rights have not been terminated, and if she consents to the trip.
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