ok my ex girlfriend is in rehab and my child is staying w/her parents.....i was never given the option to keep him but my parents had him for the weekend so they let me take him last night and i was going to have him back sunday night,well her parents found out and said they want him tonight and i dont want him to go back he is my son and i should have went to court to get custody before she even went in rehab but i didnt cause she loves him and i knew she was going in and i didnt want to give her any reason to not go ,
so i didnt do anything,but when they tell me that they have more rights than me well thats going some,im pretty sure there is no plan ,the last paperwork i got was for the child support and a few other things and on the last page it said parenting plan to be determed at a later date,so being saturday and they want to take him and i cant get ahold of anyone what am i going to do,..oh great they just called and said that they have tempory custody,i dont belive them,,and said that they will call cops,so should i keep him and call there bluff ...yikees or let them take him and go to court monday.....and act like everything is hunky dory? thanks mike
THE CHILD IS YOURS NOT THE GRANDPARENTS.
After the Troxel case grandparents really don't have visitation rights under the law unless they go through nonparental custody motions/petitions.
Washington state has a right of first refusal is the default. If she is not going to be taking the child you have a right to him.
Just tell them: Look: unless I see a document signed by a judge stating that you as the grandparents have petitioned and recieved temporary 3rd party custody rights you can see the child if and when i darn well please and depending on the type of oatmeal i had for breakfast this morning. Take the child and don't give him back. BUT, please remember that this does not apply as to the mother. For her you need to get into court. If she is going into rehab you can probably win. And the best time to file your motions is now. I don't like to say it but it is the most opportune time.
Seattle Divorce and Custody Attorney, Washington Divorce Law)