Legal Question in Family Law in Montana
Family Law
does the grand perent have the right to keep my child, when the father went to jail on a felony and a probation violation? We both still have joint costody.
1 Answer from Attorneys
Re: Family Law
Generally, no.
In Montana, your most recent court order trumps any oral agreement between you and any other person.
You said you still have joint custody with the father. I assume that joint custody is the result of a court action, and the court ordered joint custody.
Grandparents cannot arbitrarily change the court's order. The grandparents would need to petition the court for a parenting modification.
If you have a written court order, you can ask your county sheriff for a civil assist when you go to the grandparents' house to retrieve your child. Have your court order in hand -- deputies can't determine who has custodial rights but, because the court order is a lawful order, deputies can enforce the order.
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