My ex has a children’s services case in which it states that she is not allowed to have physical contact with our two children.
Originally, we had a shared parenting plan in the divorce, so she’s now requesting that her parents keep the children during her time instead of them just staying with me.
Is there a way I can legally keep them from going to their maternal grandparents’ house?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
In many states, in order for a third party to obtain custody of a child, he or she has to do so through a guardianship proceeding.
In many states, in order for a third party to obtain custody, they must prove that the parents are unfit to have custody. Additionally, if the children were born out of wedlock, then you would not have any custodial rights until they are established through the district court.
In a guardianship proceeding, you could be required to prove you are the father of the children if your right had not previously been established and if it is not agreed upon by the parties.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.