Location: MA My parents don’t like how I live in a downtown area and after a recent hospital stay due to a stomach issue they went to the court and took temporary emergency custody and said they won’t give her back unless I move out of my current apartment and into a different area. I’m wondering if this is really even grounds to take her over state lines and refuse to give her back. Will the judge say that it isn’t grounds for custody and I can have her back or will the judge side with them on something as trivial and nitpicky as what they are saying?
Comments
What does the temporary emergency custody order say?
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Your parents can hold onto your kid for as long as the temporary custody order allows, as per the terms of that order. They don’t need to have a good reason at this stage; they had one to the satisfaction of a judge, which was the basis for the order, and now they have an order granting them custody, which is all the reason they need to be able to make parenting decisions consistent with that order.
If the reasons for the order no longer apply, you can petition to revoke the order and return your kids to your care. If your parents have other, new reasons to want temporary or permanent custody, they may object on that basis. Alternately, the point of a temporary order is to deal with immediate safety while a more permanent order can be considered more carefully, and if the reasons for the temporary order don’t hold up, your parents are unlikely to be able to convert it into permanent custody.
I will say, though, an emergency custody order because you were in the hospital is unusual enough that I have to assume that there’s more to this story, on all sides. It would be prudent to talk to a local lawyer before you move to terminate the custody order.
Edit: I realize I forgot to answer your actual question. No, your parents are almost certainly not going to gain permanent custody because they dislike the area you live in. If your home is safe for your child – which is a relatively low bar – then there’s no reason your living situation should affect custody in any way. Even if your neighbourhood is materially unsafe – perhaps due to high crime or poor municipal maintenance – being there with your kid to care for them effectively meets your obligations as a parent.
It sounds like the basis for the temporary order is (alleged) neglect and addiction issues, and that your child was already living with them. If your parents can’t corroborate those issues with evidence, then they should not be able to convert that temporary order into a permanent one.