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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
The easy answer would be, based on what you have said so far, “No, they cannot” The reality of the situation, however, may well be they are willing to cause you a great deal of grief to keep you from taking your own child away from them. Meeting with a legal representative is urgent in your case: since you don’t yet have a job, you will almost surely be eligible for free legal aid. You may try http://www.lsmo.org/ or get free help through the Missouri Bar http://www.mobar pro bono.net/.
Of course, there are several important unknowns. Is there such a strain between the three of you that you have no intention of ever seeing them again? Do they have valid worries about how you can care for the child? How old is the child, and does it have a strong attachment to them as great-grandparents? Have you signed any documents granting the grandparents any rights to act as guardians? Have you now or in the past been supervised by child protective services? If any of the answers to these questions are “Yes,” then your legal rights to custody may not have changed…but you will have more difficulty with CPS once you move, and you need to plan for that possibility.
The Father?
Since you noted you have “sole legal custody,” it seems you have probably gone through a custody process in court and received a court order. Be sure you have a copy of the Order quickly available to show law enforcement. This will help if the grandparents seek to involve the police, or if you leave their home with the child quickly…at the least, have the docket number so you can calmly tell the police your custody order is available through the family court. Here’s how to find your court’s Circuit Clerk for that information: http://www.courts.mo.gov/page.jsp?id=321.
Grandparents Rights In Missouri?
You could explain to your grandparents they have no legal right to interfere with your custody order. Under Missouri law, grandparents are encouraged to have contact or even visitation, but not at the expense of a parent’s rights or the child’s welfare or safety… http://www.moga.mo.gov/statutes/ C400-499/45200 00402.HTM. Since the child has apparently lived there for more than six months, the grandparents can expect reasonable visitation.
In fact however, they could even be charged with a crime if they try to keep your child from you, and if you chose to file a complaint with the police. Unfortunately, they can certainly create other problems that essentially interfere with your present ability to keep the child. Foremost among these issues will be if they charge you with some kind of neglect or abuse. So the first real legal question may include can they keep her? By emphasizing this question, they may begin to understand that attacking your rights as a parent probably won’t help them keep the child in their home. On the other hand, the longer you keep the child in their home, the stronger their power over you gets.
Grandparents Can be Abusive, Too
One of the common myths is that only certain people are (or are not) “abusive.” You may be living with just that kind of silently abusive situation, and there is specific legal help for you. You might consider contacting a support shelter, to get advice about housing or even a temporary restraining order. Here’s a way to begin that process… http://www. lsmo.org/library-item/missouri-domestic-violence-resources.
The easy answer would be, based on what you have said so far, “No, they cannot” The reality of the situation, however, may well be they are willing to cause you a great deal of grief to keep you from taking your own child away from them. Meeting with a legal representative is urgent in your case: since you don’t yet have a job, you will almost surely be eligible for free legal aid. You may try http://www.lsmo.org/ or get free help through the Missouri Bar http://www.mobar pro bono.net/.
Of course, there are several important unknowns. Is there such a strain between the three of you that you have no intention of ever seeing them again? Do they have valid worries about how you can care for the child? How old is the child, and does it have a strong attachment to them as great-grandparents? Have you signed any documents granting the grandparents any rights to act as guardians? Have you now or in the past been supervised by child protective services? If any of the answers to these questions are “Yes,” then your legal rights to custody may not have changed…but you will have more difficulty with CPS once you move, and you need to plan for that possibility.
The Father?
Since you noted you have “sole legal custody,” it seems you have probably gone through a custody process in court and received a court order. Be sure you have a copy of the Order quickly available to show law enforcement. This will help if the grandparents seek to involve the police, or if you leave their home with the child quickly…at the least, have the docket number so you can calmly tell the police your custody order is available through the family court. Here’s how to find your court’s Circuit Clerk for that information: http://www.courts.mo.gov/page.jsp?id=321.
Grandparents Rights In Missouri?
You could explain to your grandparents they have no legal right to interfere with your custody order. Under Missouri law, grandparents are encouraged to have contact or even visitation, but not at the expense of a parent’s rights or the child’s welfare or safety… http://www.moga.mo.gov/statutes/ C400-499/45200 00402.HTM. Since the child has apparently lived there for more than six months, the grandparents can expect reasonable visitation.
In fact however, they could even be charged with a crime if they try to keep your child from you, and if you chose to file a complaint with the police. Unfortunately, they can certainly create other problems that essentially interfere with your present ability to keep the child. Foremost among these issues will be if they charge you with some kind of neglect or abuse. So the first real legal question may include can they keep her? By emphasizing this question, they may begin to understand that attacking your rights as a parent probably won’t help them keep the child in their home. On the other hand, the longer you keep the child in their home, the stronger their power over you gets.
Grandparents Can be Abusive, Too
One of the common myths is that only certain people are (or are not) “abusive.” You may be living with just that kind of silently abusive situation, and there is specific legal help for you. You might consider contacting a support shelter, to get advice about housing or even a temporary restraining order. Here’s a way to begin that process… http://www. lsmo.org/library-item/missouri-domestic-violence-resources.